SOUTH GATE CITY COUNCIL REGULAR MEETING AGENDA ...

SOUTH GATE CITY COUNCILREGULAR MEETING AGENDA

Tuesday, March 26, 2019 at 6:30 p.m.

Call To Order/Roll Call With Invocation & Pledge

City Officials

Meeting Compensation Disclosure

Pursuant to Government Code Section 54952.3: Disclosure of compensation for meeting attendance by City Council Members is $650 monthly regardless of the amount of meetings.

Proclamations, Certificates, Introductions And Ceremonial Actions

1. Proclamation Declaring The Month Of April As National Fair Housing Month

The City Council will issue a Proclamation declaring the month of April 2019 as National Fair Housing Month. (CD)

ITEM 1 REPORT 20190326.PDF

2. Proclamation Declaring April 10, 2019, As ABC Adult School Recognition Day And Certificates To Two Adult School Students

The City Council will: (ADMIN)

a. Issue a Proclamation declaring April 10, 2019, as Adult School Student Recognition Dayin the ABC Unified School District; and

b. Present Certificates of Appreciation to South Gate residents Maria Arreola and SilberzaPanduro in recognition for being selected as 2019 Outstanding Adult School Students.


3. Certificates Of Appreciation To Certain South Gate Schools In Recognition Of Their Participation In The 2019 STEAM Fest

The City Council will present Certificates of Appreciation to Bryson Avenue Elementary School, International Studies Learning Center, Legacy STEAM High School, Montara Avenue STEM Magnet, San Miguel Elementary School, South Gate Middle School, Southeast DREAMS Magnet, and Tweedy Elementary School, for their participation and achievements in the Local District East STEAM Fest on March 2, 2019. (ADMIN)


Public Hearings

4. Consider Resolutions To Approve OR Deny OR Modify Conditional Use Permit No. 833 To Allow An Unmanned Telecommunications Facility At 8912 Madison Avenue

The City Council will conduct a public hearing to consider adopting one of the following Resolutions regarding the appeal for Conditional Use Permit No. 833: (CD)

a. Adopting a Resolution______ approving without modification Conditional Use Permit No. 833 to allow an unmanned telecommunications facility at 8912 Madison Avenue; OR

b. Adopting a Resolution______ denying Conditional Use Permit No. 833 to allow an unmanned telecommunications facility at 8912 Madison Avenue; OR

c. Providing direction on how to modify the Resolution regarding Conditional Use Permit No.833 to allow an unmanned telecommunications facility at 8912 Madison Avenue and adopt Resolution as amended.


Comments From The Audience

During this time, members of the public and staff may address the City Council regarding any items within the subject matter jurisdiction of the City Council. Comments from the audience will be limited to five (5) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law.

Note: The City Council desires to provide all members of the public with the opportunity to address the Council. Nevertheless, obscene language, comments intended to disrupt or interfere with the progress of the meeting or slanderous comments will not be tolerated and may result in ejection and/or may constitute a violation of South Gate Municipal Code Section 1.04.110.

Reports And Comments From City Officials

During this time, members of the City Council will report on matters pertaining to their service on various intergovenmental boards and commissions as a representative of the City pursuant to Assembly Bill 1234. City Council Members will also have an opportunity to comment on matters not on the agenda.

Following the City Council Members, reports and comments will be heard by the City Clerk, City Treasurer, City Manager and Department Heads.

Consent Calendar Items

Agenda Items 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 are consent Calendar Items. All items including Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action.

Any Motion to introduce or adopt an Ordinance on the Consent Calendar shall be: (1) a motion to waive the reading of the Ordinance and introduce the Ordinance or (2) a motion to waive the reading of the Ordinance and adopt the Ordinance, as appropriate.

5. Ordinance No. 2360 Repealing Interim Urgency Ordinance Nos. 2336 & 2338 In Their Entirety And Adding New Chapter 11.43 (Accessory Dwelling Units And Accessory Structures), To Title 11 (Zoning), Of The Municipal Code

The City Council will consider waiving the reading in full and adopting Ordinance No. 2360 repealing Interim Ordinance Nos. 2336 and 2338 in their entirety and adding new Chapter 11.43 (Accessory Dwelling Units and Accessory Structures), to Title 11 (Zoning), of the South Gate Municipal Code. (CD)


6. Ordinance No. 2361 Amending Section 1.59.040 (Issuance Of Administrative Citation; Contents Thereof) To Provide Immediate Imposition Of Administrative Fines For Violation Of Illegal Cultivation Of Cannabis

The City Council will consider waiving the reading in full and adopting Ordinance No. 2361 amending Section 1.59.040 (Issuance of Administrative Citation; Contents Thereof), Chapter 1.59 (Administrative Citations) of Title 1 (Administration and Personnel), of the South Gate Municipal Code, to provide for the immediate imposition of administrative fines or penalties for the violation of building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements if the violation exists as a result of, or to facilitate, the illegal cultivation of cannabis. (CD)


7. Resolution Electing To Be Exempt From The Congestive Management Program

The City Council will consider adopting a Resolution______ electing to be exempt from the Congestion Management Program. (CD)


8. Resolution Amending The Hourly Pay Table To Provide Salary Increases To The City ’s Part-Time, Hourly Employees

The City Council will consider adopting a Resolution_______amending the Hourly Pay Table to provide salary increases to the City ’s part-time, hourly employees. (ADMIN SVCS)


9. Resolution Temporarily Suspending Enforcement Of Issuing Administrative Citations To Allow Limited Alcohol Beverage Consumption During The California Contract Cities Association Board Meeting Taking Place At The Los Angeles River And Rio Hondo Channel Confluence Point

The City Council will consider adopting a Resolution_______temporarily suspending enforcement of issuing administrative citations to allow for limited alcohol beverage consumption during the California Contract Cities Association Board Meeting taking place at the Los Angeles River and Rio Hondo Channel confluence point on Wednesday, April 17, 2019, from 6:00 p.m. to 8:30 p.m. (ADMIN)


10. Resolution Adopting The Local Streets And Roads Funding Program Project List For Fiscal Year 2019/20

The City Council will consider adopting a Resolution ______ adopting the Local Streets and Roads Funding Program Project List for Fiscal Year 2019/20 to program $1.6 million in Senate Bill 1 funds to the Citywide Residential Resurfacing Cape-seal Program, City Project No. 637-ST, in compliance with Senate Bill 1 requirements. (PW)


11. Freeway Maintenance Agreement With Caltrans To Add Maintenance Provisions For The New 1-710 Corridor Soundwall

The City Council will consider: (PW)

a. Approving a Freeway Maintenance Agreement (Contract ______) with Caltrans to add maintenance provisions for the new soundwall that the City is proposing to construct under the 1-710 Corridor Soundwall Project, City project No. 587-ST; and

b. Authorizing the Mayor to execute the Freeway Maintenance Agreement in a form acceptable to the City Attorney.


12. Donation Agreement With ChargePoint, Inc., To Receive A Grant To Install Electric Vehicle Charging Stations; And Agreement With AMB Electrical And Lighting Solutions, Inc., For Construction Of The Electric Vehicle Charging Stations


a. Approving a Donation Agreement (Contract ______) with ChargePoint, Inc., to receive a $7,210 grant from the FivePoint EV Charging Station Donation Program and appropriate the grant to the Electric Vehicle Charging Stations, Project, City Project No. 636-GEN, Account No. 223-610-49-0995;

b. Approving an Agreement (Contract ______) with ABM Electrical and Lighting Solutions, Inc. for the construction of the Electric Vehicle Charging Stations, City Project No. 636-GEN (Project), in an amount not-to-exceed $189,503;

c. Transferring $7,000 in Water Funds from Account No. 411-731-71-6101 to the Electric Vehicle Charging Stations Project, City Project No. 636-GEN, Account No. 223-610-49-9005;

d. Authorizing the Mayor to execute the Agreements in a form acceptable to the City Attorney; ande. Approving the Notice of Exemption for this Project, and direct the City Clerk to file it with the Los Angeles County Recorder


13. Amendment No. 1 To Contract No. 3229 With The Pun Group, LLC, Extending Auditing Services For An Additional Two Fiscal Years

The City Council will consider:. (ADMIN SCVS)

a. Approving Amendment No. 1 to Contract No. 3229, Professional Services Agreement with The Pun Group, LLP, extending financial auditing services for the fiscal years ending June 30, 2019, and June 30, 2020, in the amounts not-to-exceed $65,564 and $67,531, respectively; and

b. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the CityAttorney.


14. Rejection Of Bids For The Construction Of The Walnut Avenue Restroom Building No. 5 Project

The City Council will consider rejecting all bids received in the City Clerk ’s Office for the construction of the Walnut Avenue Restroom Building No. 5, City Project No. 628-PRK. (PW)


15. 2018 Housing Element Annual Progress Report

The City Council will consider: (CD)

a. Receiving and filing the Housing Element Annual Progress Report for calendar year 2018; and

b. Directing staff to provide a copy of the Housing Element Annual Progress Report to the StateDepartment of Housing and Community Development.


16. Special And Regular City Council Meeting Minutes Of February 26, 2019 And March 12, 2019

The City Council will consider approving the Regular Meeting minutes and Special Meeting minutes of February 26, 2019 and March 12, 2019. (CLERK)


Reports, Recommendations And Requests

17. Mid-Year Budget Adjustments

The City Council will consider: (ADMIN SVCS)

a. Receiving and filing the mid-year budget report for Fiscal Year 2018/19;

b. Appropriating $32,716 from the unassigned Prop A Fund balance to account no. 221-480-33-6304 for payment of the Eco-Rapid Transit Annual Membership Dues;

c. Increasing revenue projections by $203,595 in the Water Fund, account no. 411-4999, for the annual reimbursement from the Sewer Fund for its share of the annual debt service payments on the 2012 Water Revenue Bonds;

d. Appropriating $203,595 from the unassigned Sewer Fund balance to account no. 412-732-52-7999 to reimburse the Water Fund for the Sewer Fund ’s share of the annual debt service payments on the 2012 Water Revenue Bonds;

e. Appropriating $20,000 from the unassigned Building & Infrastructure Maintenance Fund balance to account no. 524-415-61-6704 for the emergency repair of lateral lines at the Patricia G. Mitchell Swim Stadium; and

f. Appropriating $20,000 from the unassigned Building & Infrastructure Maintenance Fund balance to account no. 524-415-61-9100 for emergency repairs to the skylights at the Patricia G. Mitchell Swim Stadium.


18. Warrant Register For March 26, 2019

The City Council will consider approving the Warrants and Cancellations for March 26, 2019. (ADMIN SVCS)

Total of Checks: $2,134,282,.18Voids $ ( 0.00) Total of Payroll Deductions: $ (345,198.98)Grand Total: $1,789,083.20


Adjournment

I, Carmen Avalos, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted March 21, 2019 at 8:00 a.m., as required by law.

Carmen Avalos,

City Clerk

Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office

8650 California Avenue, South Gate, California 90280

(323) 563-9510 * fax (323) 563-5411 * www.cityofsouthgate.org

In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk.

Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility.

I.

CALL TO ORDER Maria Belen Bernal, Mayor

INVOCATIONPaul L. Adams, Director of Parks & Recreation

PLEDGE OF ALLEGIANCE

Martha Torres, Fair Housing Foundation

ROLL CALL Carmen Avalos, City Clerk

II.

MAYOR CITY CLERK

Maria Belen Bernal Carmen Avalos

VICE MAYOR CITY TREASURER

Jorge Morales Gregory Martinez

COUNCIL MEMBERS CITY MANAGER

Denise Diaz Michael Flad

Maria Davila

Al Rios CITY ATTORNEY

Raul F. Salinas

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http://www.cityofsouthgate.org/




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http://www.cityofsouthgate.org/b4a8e824-3b7f-44ab-b79c-4645638a0a24

RECVEDCity ofSouth Gate Item No. 1

CITY COUNCIL

IllLLFor the regular meeting of:

Originating Department:

Department Director: 9 1-__-- City Manager:7/ Joe Wrez

SUBJECT: PROCLAMATION FOR NATIONAL FAIR HOUSING MONTH (APRIL 2019)

PURPOSE: Tb proclairnApril as NationalFair Housing month andencourage efforts to SupportFair Housing principles.

RECOMMEND ACTION: Mayor Maria Belén Bernal will issue a Proclamation declaring themonth of April 2019 as National Fair Housing Month.

FISCAL IMPACT: None.

ALIGNMENT WITH CITY COUNCIL GOALS: This Proclamation supports the City Council’sgoal for the “development and protection of strong and sustainable neighborhoods.” This isaccomplished by ensuring residents are treated fairly in the sale and rental of real property.

BACKGROUND: This year marks the 51St anniversary of the Federal Fair Housing Act which isthe original legislation targeting the elimination of housing discrimination in America. Since theadoption of fair housing legislation in April 1968, April has been designated Fair Housing Monththroughout the nation.

One of the greatest freedoms enjoyed by Americans is the freedom to live in a home of one’s choice.The Nation’s Fair Housing Law requires that all people be treated equally in connection with the saleor rental of housing, regardless of race, color, religion, sex, national origin, familial status orphysical/mental disability.

Each year the U.S. Department of Housing and Urban Development and the Fair HousingFoundation, in cooperation with the City of South Gate, organizes events and activities during thismonth to focus attention on the issue of equal opportunity in housing. Each resident of the City of•South Gate is being asked to support efforts to put into practice the principles of fair housing.

ATTACHMENT: Proclamation

1

PROCL$MATJJo)(

one of the greatest freedoms enjoyed by Americansis the freedom to live in a home of one’s choice;and

this promise was made to us by the Nation’s FairHousing law which requires that all people betreated equally in connection with sale or rental ofhousing regardless of race, color, national origin,sex, disability, sexual orientation, marital status,age, familial status or religion; and

this year marks the 5l anniversary of the FederalFair Housing Act, the original legislation targetingthe elimination of housing discrimination inAmerica; and

since the adoption of the fair housing legislation inApril 1968, April has been designated FairHousing Month, and each year the U.S.Department of Housing and Urban Development,and the Fair Housing Foundation organize eventsand activities during this month to focus attentionon the issue of equal opportunity in housing; and

NOW, THEREFORE, be it proclaimed on this 261 day ofMarch2019, that I, Maria Belén Bernal, Mayor of the City of SouthGate, on behalf of the City Council, do hereby declare April2019 as National Fair Housing Month and encourage residents tosupport efforts to put into practice the principles of freedom,justice and equality upon which this great nation was founded.

I—IF

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io1$outhjafrP’om rti ffonorablc

4

DeclaringApril 2019 as National Fair Housing Month

WHEREAS,

6WHEREAS,

WHEREAS,

WHEREAS,

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.4

Mayor Maria Belén Bern a)

RECEIVED city ofSouth Gate Item No. 2MAR I 9 2fl1 CITY COUNCIL

CITY OF SOUTH GATEOFFICEOFTHE CITY MA

For the Regular Meeting of: March 26, 2019Originating De artment: Administration

Assistant Ci Manager: 4CiManaer:%J}/acPJfAr uro Cervantes Michael Fla

SUBJECT: PROCLAMATION DECLARING APRIL 10, 2019, AS ADULT SCHOOLSTUDENT RECOGNITION DAY

PURPOSE: This item was added to the Agenda at the request of Mayor Maria Belén Bemal todeclare April 10, 2019, as Adult School Student Recognition Day.

RECOMMENDED ACTIONS: Mayor Maria Belén Bernal will:a. Issue a Proclamation declaring April 10, 2019, as Adult School Student Recognition Day

in the ABC Unified School District; andb. Present Certificates of Appreciation to South Gate residents Maria Arreola and Silberza

Panduro in recognition for being selected as 2019 Outstanding Adult School Students.


ANALYSIS: None.

BACKGROUND: Adult schools serve over 9,000 adult students annually and offer a widerange of opportunities for their personal growth and development to become informed citizens.Adult education programs provide educational assistance to the under educated, displacedworker, high school dropout, the disabled, and senior adults. They offer courses such ascitizenship, adult basic education, high school diploma courses, vocational subjects, parenteducation and home economics. On April 10, 2019, public school education programs in theABC Unified School District will sponsor activities designed to increase public awareness of thebenefits of adult education.

The City Council commends Maria Arreola and Silberza Panduro for making a quality of lifedecision to pursue their education as adults, and for being selected as the 2019 Outstanding AdultSchool Students in the ABC Unified School District.

ATTACHMENT: Proclamation.

1

PIOCLAMAT( -

Declaring

April 10, 2019as ABC Adult School Student Recognition Day

the Adult Education Program of the ABC UnifiedSchool District is an integral component of itseducational system; and

public school Adult Education programs offer allresidents a wide range of opportunities for theirpersonal rowth and development to becomemformed citizens; and

public school Adult Education programs play a keyrole in responding to the needs of special studentssuch as the under educated, displaced worker and thehigh school dropout, disabled, and senior adults; and

public school Adult Education programs providelearning opportunities to adults in Citizenship, Healthand Safety, English as a Second Language, AdultBasic Education, High School Diploma courses,Vocational subjects, Parent Education and HomeEconomics; and

public school Adult Education programs in the ABCUnified School District are supported by dedicatedfull and part-time professional staff; and

WHEREAS, on April 10, 2019, public school Adult Educationprograms in the ABC Unified School District willsponsor activities designed to increase publicawareness of the benefits of Adult Education;

NOW, ThEREFORE, be it proclaimed on this 26th day of March2019, that 1, Maria Belén Bernal, Mayor of the City of South Gate,on behalf of the City Council, do hereby declare April 10, 2019, asABC Adult School Student Recognition Day and commend the ABCUnified School District for providing quality educational programsfor adult students.

I

- 1P

________

Mayor Marfa Helen Bernal

iTrom Uve fjonomb1c

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

ECEVEDMAR 92019 city ofSouth Gate

CITY OF SOUTH GATEOFFICEOFThECYMANAG GJN]ThA I3JITLJL4of: March 26. 2019

Item No. 3

MicMichael Fla

SUBJECT: CERTIFICATES OF APPRECIATION TO SOUTH GATE STEAM FESTPARTICIPANTS

PURPOSE: This item was added to the Agenda at the request of Council Member Maria Davilato recognize outstanding youth for their participation and achievements in the 2019 STEAM Festat Legacy STEAM High School.

RECOMMENDED ACTION: Mayor Maria Belén Bemal will present Certificates ofAppreciation to Bryson Avenue Elementary School, International Studies Learning Center,Legacy STEAM High School, Montara Avenue STEM Magnet, San Miguel Elementary School,South Gate Middle School, Southeast DREAMS Magnet, and Tweedy Elementary School, fortheir participation and achievements in the Local District East STEAM Fest on March 2, 2019.


ANALYSIS: None.

BACKGROUND: Legacy High School Complex hosted the Local District East STEAM(Science, Technology, Engineering, Arts, and Mathematics) Fest on Saturday, March 2, 2019.The vision of the STEAM Fest is that students lead, to inspire and be inspired. STEAM Stationsare iinmersive, hands-on, inquiry-based and led by students. The Science and Engineering part ofthe STEAM Fest is originated by student research. This event was attended by parents, students,teachers and community members, who were able to learn first-hand what Local District Eastschools are doing in STEAM. Over 800 people attended the STEAM Fest on a cold, rainy day toimmerse themselves in the Science, Technology, Engineering, Art and Math (STEAM) stationsled by other students. The event had an art exhibit, food trucks, student-led sciencedemonstrations, robotic competition and a Grand Prix Hydrogen Fuel Cell Car Race hosted byToyota and Horizon.

SOUTH GATE SCHOOLSBryson Avenue Elementary School San Miguel Elementary SchoolInternational Studies Learning Center South Gate Middle SchoolLegacy STEAM High School Southeast DREAMS MagnetMontara Avenue STEM Magnet Tweedy Elementary School

CITY COUNCIL

For the —

Management

: Administration

City Manager:

1

AWARD RECIPIENTSRobotics

1St - San Miguel Elementary School2nd - San Miguel Elementary School

3rd - Bryson Elementary School

Science and Engineering FairK-lst grade

1st - Bryson Elementary School2nd - Bryson Elementary School

2nd-3rd Grade1st - Bryson Elementary Schools

2nd - Bryson Elementary School

4th-5th Grade1St - Bryson Elementary School

2nd - Bryson Elementary School

Middle School2nd - South Gate Middle School3rd - South Gate Middle School

ATTACHMENTS: None.

2

RECVED Item No. 491019 city ofSouth Gate

ltvPQQUtHATE ITY Co IL(IOEOTHE CITY MANAGER

95ATN]ThA I]ITL4]LFor the Regular Meeting of March 26g 2019

Originating Department: Community Development

Department Director: 5L /— City Manager: ‘— iA C-,fr_

JoeP76z Michael Fl rL-/c

SUBJECT: APPEAL OF DENIAL OF CONDITIONAL USE PERMIT NO. 833 FOR ATELECOMMUNICATIONS FACILITY WITH A 60 FOOT TALL ANTENNA POLE AT8912 MADISON AVENUE

PURPOSE: To consider an appeal of the Planning Commission’s denial of a Conditional UsePermit for a Telecommunications Facility, including a 60’ tall antenna pole in the parking lot ofSt. Helen Roman Catholic Church Assembly Hall located at 8912 Madison Avenue.

RECOMMENDED ACTIONS: Following the conclusion of a public hearing, the City Councilwill consider adopting one of the following Resolutions regarding the appeal for Conditional UsePermit No. 833:a. Adopt Resolution approving without modification Conditional Use Permit No. 833 to

allow an unmanned telecommunications facility at 8912 Madison Avenue; ORb. Adopt Resolution denying Conditional Use Permit No. 833 to allow an unmanned

telecommunications facility at 8912 Madison Avenue; ORc. Provide direction on how to modify the Resolution regarding Conditional Use Permit No.

833 to allow an unmanned telecommunications facility at 8912 Madison Avenue andadopt Resolution as amended.


PUBLIC NOTIFICATION: Advertising and notification of the public hearing for this itemwas conducted in compliance with Chapter 11.42, Title 11 of the South Gate Municipal Code. Alegal notice was published in the “Los Angeles Wave” newspaper. In addition, notices weremailed to property owners and addresses located within 1,000 feet of the subject property onMarch 14, 2019.

ANALYSIS: J5 Infrastructure Partners (“J5”), on behalf of Verizon Wireless (“Verizon”),applied for Conditional Use Permit No. 833 (“CUP”) to install a 60-foot tall antenna pole andrelated telecommunications equipment in the parking lot of the St. Helen Roman CatholicChurch Assembly Hall located at 8912 Madison Avenue. On February 21, 2019, the PlanningCommission denied that application. J5, on behalf of Verizon, now appeals that denial and asks

14750685.2 -- 1235,37

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the City Council to overturn the denial and grant the CUP. J5 also asks, on behalf of Verizon,that certain of the proposed conditions to the CUP be eliminated or modified.

In rendering its decisions, the City Council must take into account (in addition to the testimonyto be presented during the public hearing) all of the following: (i) federal and state law governingapplications for cellular telephone telecommunications facilities such as the one at issue here; (ii)the City’s General Plan; (iii) the reasons put forth by the Department on which the PlanningCommission based its decision to deny the CUP; and (iv) the arguments and rebuttals offered byand on behalf of J5. Each of those are summarized below:

Federal and State Law

Federal and state law strongly encourages the placement of cellular telephone transmissionfacilities such as the one which is the subject of the CUP. The U.S. Congress, believing that theneed to develop nationwide cellular telephone and data transmission infrastructure was a nationalpriority, and perceiving a reluctance by municipal governments to timely approve applicationsfor the installation of such infrastructure facilities, enacted as part of the TelecommunicationsAct of 1996 provisions which restrict the ability of cities such as South Gate to exert zoningcontrols over such facilities. 47 U.S.C. 332(c)(7). That Act, together with related regulationssubsequently adopted by the Federal Communications Commission (notably those codified at 24FCC Rcd. 13449 (2009) and 30 FCC Rcd. 31(2014)), limit the City’s right to deny applicationssuch as this, except on certain aesthetic and public safety grounds. Public safety is not an issuein this particular case. The only grounds for denial which can be considered by the City Councilare aesthetic grounds. Federal laws also prohibit permit denials which would favor onetelecommunications company over another. State law largely follows, and in some cases directlyincorporates, those federal laws. Pursuant to the Telecommunications Act of 1996, any denial ofthe CUP must “be in writing and supported by substantial evidence contained in a writtenrecord.”

The South Gate General Plan 2035

The South Gate General Plan 2035 is the primary legal document to guide long-term growth anddevelopment in the City. It’s stated purposes are “to identify planning goals; provide a basis fordecision-making; provide citizens a forum for input on their community’s direction; and informcitizens, developers, decision-makers, and other cities of the ground rules for developmentwithin the City.” The General Plan occupies the highest position in the planning hierarchy. Ifthe City Council denies the CUP, it must do so based on the aesthetic guidelines set forth in theGeneral Plan.

The General Plan establishes guidelines and principals which are to be used to guide Cityplanning decisions. It does not, and was not intended to, provide specific rules covering everysituation. Moreover, the General Plan was adopted 10 years ago and was intended to coverdevelopment through the year 2035; as such, it did not attempt to create specific, rigidrequirements with respect to rapidly evolving technologies such as cellular telecommunications.Therefore, when evaluating the CUP for compliance with the General Plan, the Department, the

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Planning Commission and the City Council must evaluate the specific impacts of the proposedtelecommunications facility against the broad goals and policies contained in the General Plan

The Planning Commission ‘s Reasonsfor Denying the CUP

The property is located at the southeast corner of Firestone Boulevard and Madison Avenue. Itis owned by the Roman Catholic Archdiocese of Los Angeles. It is the location of the assemblyhall serving St. Helen Roman Catholic Church, and is on the opposite side of Madison Avenuefrom the Church’s principal church building. The zoning designation for the property is CDR1(Corridor 1) and the General Plan designation is the Firestone Corridor. The surrounding usesinclude El Super Grocery Store to the north, St. Helen Church to the west, single family homesto the south, and the L.A. Auto used car dealership to the east. The 14,906 square foot site iscurrently improved with a 27-space parking lot and a 4,368 square foot assembly hall, whichhave been used by the Church since 1975. Issuance of the CUP will not affect that use.

Firestone Boulevard is the primary arterial roadway through the City and helps connect the Citywith the wider region. The corridor contains predominantly auto-oriented retail and commercialuses, including used car dealerships, auto repair shops and automobile parts stores. Many of thebuildings are older and in need of significant renovation. The South Gate General Plan 2035Vision for the Firestone Corridor includes a diverse mix of uses, including retail, office, high-density housing, and new development designed to bring buildings to the property line frontageto enhance pedestrian activity.

Per Chapter 11.21 Table 11.23-3, of the South Gate Municipal Code, antennas/communicationsequipment are permitted at this site upon the issuance of a Conditional Use Permit (CUP). Theproposed antenna pole would be located approximately 115 linear feet away from FirestoneBoulevard and at 60’ feet high will provide coverage for approximately a quarter mile radius.The pole would be centrally located within the lot on the outer eastern portion of the hall andwould not require the removal of any existing parking spaces. The pole would be “camouflaged”to resemble a palm tree. It would be visible to pedestrians and vehicular traffic on FirestoneBoulevard and Madison Avenue, as well as neighboring properties to the east and west. Inaddition to that pole, the facility would include an enclosed equipment shelter placed within thesoutheast portion of the parking lot, adjacent to the garage of a single-family home at 8918Madison Avenue.

In light of these factors, and upon the Department’s recommendation, the Planning Commissionrejected the application and denied the CUP on the grounds that, in the Planning Commission’sopinion, the subject telecommunications facility would conflict with the following provisions ofthe General Plan:

Community Design Policy CD- Firestone Corridor- Policy 5:

The South Gate General Plan 2035 supports telecommunication services. However, theproject does not further Community Design Policy CD- Firestone Corridor- Policy 5 ofthe General Plan. Policy 5 encourages new development step down in height to theexisting family neighborhoods, or use of techniques to buffer Corridor uses from adjacent

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residential uses. Wireless communication antenna structures should be located and/ordesigned to minimize public visibility. The applicant has not demonstrated to staff thatthe proposed location is the least visually intrusive location possible. The proposal doesnot include adequate visual measures to mitigate impacts along Firestone Boulevard andMadison Avenue or blend the use with the subject site.

Community Design Policy CD-Objective CD5.1- Policy 5:

Community Design Policy CD-Objective CD5.1- Policy 5 of the General Planencourages utility area and mechanical equipment to be designed in such a way that itdoes not detract from the aesthetic appeal of the district. The wireless communicationantenna structure is not designed in a way that aligns with the aesthetic appeal of thedistrict. The proposal does not include adequate visual measures to mitigate impactsalong Firestone Boulevard and Madison Avenue. The proposed design and configurationof the monopaim is not compatible and harmonious to the surrounding facilities that existon site. The microwave antenna does not visually contribute to the pole’s narrow verticalalignment. The goal for the Firestone Corridor are mixed use developments and hightraffic volume to enhance businesses. Instead, the proposal is designed in a manner thatwould contribute to visual clutter and visual impacts within the City. Allowing apermanent monopalm significantly restricts future development encouraged by the Cityof South Gate General Plan or aesthetic appeal of the district.

Community Design Policy CD-Objective CD7.3- Policy 2:

Community Design Policy CD-Objective CD7.3- Policy 2 of the South Gate GeneralPlan 2035 encourages the development of retail and entertainment along FirestoneBoulevard. Policy 2 states that the City should pursue major retail and entertainment usesfor the Firestone Boulevard area to include theatres, major shopping centers, and otheruses that have a regional draw. The proposal will not be the least intrusive design and inthe least intrusive location for improving coverage along the Firestone Corridor. Theproposal would not contribute to the Firestone corridor beautification by enhancing thevisual environment of South Gate’s vehicular corridors. The proposal will not allow forfuture development of the corridor as Verizon Wireless is planning a thirty year leasewith the property owner.

Community Design Policy CD- Objective 6.1 Policy 7:

Community Policy CD- Objective 6.1 Policy 7 of the South Gate General Planencourages the revitalization, redevelopment and intensification of the City’s districts.Policy 7 requires iconic, high quality urban design and architecture to be pursued withnew projects in all the Districts in order to improve the aesthetics of the City. Theproposed 60 foot high monopalm imitation tree with antenna structures attached does notmeet a high quality urban design and aesthetic standard.

Citing those policies and objectives, the Planning Commission determined that: the applicant hasnot demonstrated to staff that the proposed location is the least visually intrusive location

4750685.2--L23537

possible; the proposal does not include adequate visual measures to mitigate impacts alongFirestone Boulevard and Madison Avenue or blend the use with the subject site; and that theproposed facility would not contribute to the Firestone corridor beautification by enhancing thevisual environment of South Gate’s vehicular corridors.

For a full explanation of the foregoing determination, please see the February 21, 2019 PlanningCommission Agenda Bill, a copy of which is attached hereto as Attachment D.

Verizon ‘s Rebuttal and its Argumentsfor Approving the CUP and Amending its Conditions

J5, Verizon, and Verizon’s attorneys have each presented letters protesting the PlanningCommission’s denial of the CUP. Those letters argue for the issuance of the CUP and thedeletion or modification of certain conditions contained in the CUP. Verizon and itsrepresentatives argue that:

• The proposed facility is in keeping with the character and development of the FirestoneCorridor and does not violate the General Plan;

• The palm-tree camouflage design characteristics of proposed antenna monopoleconstitutes the least intrusive design possible;

• The proposed location of that facility on the Church property is the least intrusivelocation possible, because it is the only available location in the vicinity;

• Since the facility is necessary to remedy a gap in Verizon’ s cellular coverage, denial ofthe CUP would discriminate against Verizon (in violation of federal law) due to the factthat the City has already granted antenna rights across the street to Verizon’ s competitor,T-Mobile (the T-Mobile antennas are located on the church steeple rather than on aseparate monopole); and

• For all of the foregoing reasons, federal and state law requires the City to grant the CUP.

Verizon and its representatives also argue that, for a variety of reasons, the following conditionsof the CUP are overbroad or inapplicable and should be limited or deleted:

General Requirement No. 11• General Requirement No. 11- Graffiti removal within 24 hours.

PlanningReguirementNos. 1, 3, 4, 5, 6, 7, 9, 11, 21, 23 and 24• Planning Requirement No. 1- Facility approval by Community Development Director.

• Planning Requirement No. 3- Landscape planter with irrigation along perimeter ofFirestone Boulevard.

• Planning Requirement No. 4- Improvements to fencing along Firestone Boulevard andMadison Avenue.

• Planning Requirement No. 5- Repainting of interior cinder block wall.

54750685.2 -- L235 37

5

• Planning Requirement No. 6- Removal of storage containers.

• Planning Requirement No. 7- New storage equipment shelter approval by CommunityDevelopment Director.

• Planning Requirement No. 9- New decorative trash enclosure approval by CommunityDevelopment Director.

• Planning Requirement No. 11- Removal of antennas within 45 days after leasetermination.

• Planning Requirement No. 21- Continuous property maintenance.

• Planning Requirement No. 23- Annual maintenance and repair inspections for structures,equipment, and fencing.

• Planning Requirement No. 24- Removal and disposal of overgrowi vegetation.

Building/Safety Requirement Nos. 35, 36, and 37• Building/Safety Requirement No. 35- Re-stripe and slurry parking lot.

• Building/Safety Requirement No. 36- Replacement of all damaged/missing parking tirestops.

• Building/Safety Requirement No. 37- Repair of inoperable/damaged storm drain (catchbasin).

The proposed CUP containing those conditions is attached hereto as Attachment E.

For a detailed discussion of Verizon’ s protests and the rationale underlying those protests, pleasereview the following attachments to this Agenda Bill:

Attachment F: March 4, 2019 letter to South Gate City Clerk Carmen Avalos from BryceNovak, J5’s Senior Site Acquisition and Zone Specialist

Attachment G: March 5, 2019 letter (including attachments thereto) to South GateAssistant Planner Jessica Jimenez from Farrukh Qazi, RF Design Engineerfor Verizon

Attachment H: March 8, 2019 letter to South Gate City Clerk Carmen Avalos from KevinP. Sullivan, Esq., of Gatzke Dillon & Balance LLP, attorneys for Verizon

Attachment 1: Supplemental letter dated March 18, 2019 to Ms. Avalos from Mr.Sullivan.

With respect to Attachment H, we note that it also contains assertions by Mr. Sullivan that theCUP has already been deemed approved under federal regulations. The South Gate CityAttorney’s Office disagrees with Mr. Sullivan’s interpretation of those regulations and has

64750685 2--L23537

addressed that matter separately with Mr. Sullivan, as noted in Mr. Sullivan’s response atAttachment I. Thus, the “deemed approved” issue is not among those which the City Council isbeing asked to decide at the March 26, 2019 City Council meeting.

ATTACHMENTS: A. Proposed Resolution Approving CUPB. Proposed Resolution Denying CUPC. Proposed Resolution Approving CUP With Modified ConditionsD. February 21, 2019 Planning Commission Agenda BillE. Planning Commission Resolution No. 2019-01F. March 4, 2019 letter to South Gate City Clerk Carmen Avalos from

Bryce Novak, J5’s Senior Site Acquisition and Zone SpecialistG. March 5, 2019 letter (including attachments thereto) to South Gate

Assistant Planner Jessica Jimenez from Farrukh Qazi, RFDesignEngineer for Verizon

H. March 8, 2019 letter to South Gate City Clerk Carmen Avalos fromKevin P. Sullivan, Esq., of Gatzke Dillon & Balance LLP, attorneysfor Verizon

I. Supplemental letter dated March 18, 2019, to Ms. Avalos from Mr.Sullivan

J. Aerial and Location MapK. Site Plan, Antenna Plan, and ElevationsL. Photograph SimulationM. Propagation MapN. Notice of Exemption0. Public Hearing Notice

74750685.2 -- L235.37

-7

RESOLUTION NO.

CITY OF SOUTH GATELOS ANGELES COUNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHGATE, CALIFORNIA, APPROVING WITHOUT MODIFICATION

CONDITIONAL USE PERMIT NO. 833 TO ALLOW AN UNMANNEDTELECOMMUNICATIONS FACILITY AT 8912 MADISON AVENUE

WHEREAS, J5 Infrastructure Partners (“J5”), on behalf of Verizon Wireless(“Verizon”), applied for Conditional Use Permit No. 833 (“CUP No. 833”) to install and operateat 8912 Madison Avenue a telecommunications facility which would including a 60-foot tallmonopole antenna camouflaged to resemble a palm tree; and

WHEREAS, on February 21, 2019, the South Gate Planning Commission denied therequest to issue CUP No. 833; and

WHEREAS, J5 has appealed that Planning Commission decision to the City Council,requesting that CUP No. 833 be granted and that the proposed conditions thereof be modified;and

WhEREAS, during the regularly scheduled City Council meeting of March 26, 2019,the City Council conducted a duly noticed public hearing on that appeal, at which the CityCouncil heard testimony from representatives of Verizon, J5, and members of the community;and

WHEREAS, the City Council has also reviewed letters, pictures and other documentssubmitted by and on behalf of Verizon and J5 in support of issuance of CUP No. 833; and

WHEREAS, the City council has also heard statements from, and reviewed documentssubmitted by, City staff members regarding the issuance or denial of CUP No. 833; and

WHEREAS, the City Council has considered all of the foregoing testimony, statementsand documents and has reached a decision as to the issuance or denial of CUP No. 833;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE DOESHEREBY RESOLVE AS FOLLOWS:

SECTION 1. The above recitals are all true and correct and incorporated herein by thisreference.

SECTION 2. The City Council hereby approves the application for Conditional Use Permit No.833 and shall be issued without modification.

4751812.1 —L235.37 ATTACHMENT A

SECTION 3. The Director of Community Development is hereby authorized and directed totake all actions which he deems necessary or appropriate to issue without delay CUP No. 833 asdirected in this Resolution.

SECTION 4. The City Manager, the Director of Community Development, and their designeesare hereby authorized and directed to take all other actions which they deem necessary orappropriate to implement and enforce this Resolution.

SECTION 5. The City Clerk shall certify to the adoption of this Resolution, which shall beeffective upon its adoption.

ATTEST:

PASSED, APPROVED and ADOPTED this 26t day of March, 2019.

CITY OF SOUTH GATE:

Maria Belén Bemal, Mayor

Carmen Avalos, City Clerk(SEAL)

4751812.1 -- 1235.37 9

RESOLUTION NO. 2019-01CUP NO. 833 - CONDITIONS OF APPROVAL

8912 Madison Ave

General Requirements:1. Code Compliance

Unless otherwise waived, the permittee shall comply with all applicable codes, laws,rules and regulations including the Building and Safety, Public Works, and ZoningCodes of the City of South Gate and the Health and Fire Codes of the County of LosAngeles.

2. Approved PlansThe property shall be developed substantially in accordance with the approved plansand Site Plan included as Attachment C. Unless otherwise approved in writing by theDirector of Community Development.

3. Future ConstructionAll future construction or additions to the installation shall be subject to review andapproval of the Planning Commission, as determined appropriate by the Director ofCommunity Development.

4. Compliance with ConditionsUnless otherwise noted, all conditions are to be complied with as of the effective dateof the conditional use permit.

5. CitationAny violation of the code requirements and/or conditions of approval may be subjectto the issuance of a citation that could result in a fine as set by the PlanningCommission, after notice, at which time the applicant may address the Commission.

6. Intensification of UsePermittee shall not expand the facility beyond the perimeter authorized by this permitand shall not materially increase the size or number of antennas and other equipmentat the permit site

7. RevocationViolations of the conditions of this conditional use permit can result in the revocationor modification of this application by the issuing body at a regularly scheduledmeeting, notice of which will be given to the applicant by first class mail, postageprepaid, or by posting notice of said hearing at two prominent locations on thepremises to which the permit refers.

4751812.1 --L235.37

8. ReimbursementThe City Planning Commission may impose, as a condition of continuation,reinstatement or re-issuance of any permit, a requirement that the Permittee reimbursethe City for all costs and expenses reasonably incurred in the investigating,identifying, and documenting the violation and in processing information concerningthe violation for presentation to the City Planning Commission, and upon appeal, tothe City Council.

9. Expiration of Conditional Use Permit/Unclassified Use PermitUnless the conditional use permit is exercised within one year from the date ofapproval, the conditional use permit shall be directed to the Planning Commission fordue process to determine reasonability for possible extension.

10. Fish and Game FeeIf the Department of Fish and Game determines that this project is not exempt fromthe filing fees imposed pursuant to the Fish and Game Code Section 711.4, approvalof this project shall be conditioned on the permittee paying to the Department of Fishand Game such fees and any fine which the Department of Fish and Game determinesto be owed.

11. Maintenance of Property Free of GraffitiApplicant acknowledges and agrees that the permit is expressly conditioned on thepermittee maintaining the subject equipment in a well-maintained condition, and freefrom graffiti. In the event of graffiti markings, Applicant agrees to eliminate all suchgraffiti within 24 hours, with or without notice from the City, as a condition of thepermit.

Suspension or Revocation:1. A public hearing consistent with Chapter 11.50 (Administration) shall be held for the

consideration of a permit revocation. A permit or any associated conditions may berevoked or modified by the Planning Commission subject to any of the followinggrounds:

a. The permit or approval was obtained by fraud.b. The property is not being use for the purpose which is the subject of the

permit.c. The use for which the approval was granted has ceased or has been suspended

for 1 year or more.d. The permit or conditions of the approval have been violated; exercised

contrary to the terms of approval; or in violation of any statute, ordinance, lawor regulation.

e. The use for which the approval was granted was exercised in a mannerdetrimental to the public health or safety, or as to constitute a public nuisance.

2. Any approval or permit granted by the City becomes null and void if the property isnot being used for the approved or permitted purpose within one (1) year from the

4751812.1 3537

date the approval or permits was issued, consistent with the provisions identifiedwithin Section 11.55 Nonconforming Uses and Buildings.

3. Any approval or permit granted within one year preceding the effective date of theZoning Code that has not made progress to fulfill the entitlements and bring theproject to completion shall be considered null and void.

4. If the application or any conditions of the CUP violate the Zoning Code or do notfulfill the intent of the Code, the Planning Commission shall, following a publichearing, be authorized to take the following actions:

a. Revoke the CUP, revoke and reissue the CUP with new or modified conditions, ormodify the conditions of the existing CUP as may be appropriate under thecircumstances.

b. Impose, as a condition of the continuation, reinstatement, or reissuance of theCUP, a requirement that the permittee reimburse the City for all costs andexpenses reasonably incurred in investigating, identifying, and documenting theviolation, and in processing information concerning the violation for presentationto the Planning Commission, and, upon any appeal, to the City Council.

c. A CUP shall be revocable if the exercises of rights granted by the CUP arediscontinued for 6 consecutive months. The use subject to the CUP may not beresumed if the CUP is revoked; a new CUP, including processing and publicnotification, shall be required.

5. A prevailing party in any judicial action, administrative proceeding, or specialproceeding to abate or to cause the abatement of a public nuisance, or in any appealor other judicial action arising therefrom, may recover reasonable attorney’s fees inaccordance with the following subsections:

a. Attorney’s fees are not recoverable by any person as a prevailing party unless thecity manager, or a designee thereof, or an attorney for and on behalf of the city,elects in writing to seek recovery of the city attorney’s fees at the initiation of thatindividual action or proceeding. Failure to make such an election precludes anyentitlement to, or award of, attorney’s fees in favor of any person or the city.

b. The city is the prevailing party when an administrative or judicial determination ismade or affirmed and a person is found to be responsible for one or moreconditions or activities that constitute a public nuisance. A person is theprevailing party only when a final administrative or judicial determinationcompletely absolves that person of responsibility for all conditions or activitiesthat were alleged to constitute a public nuisance in that action or proceeding. Anadministrative or judicial determination that results in findings of responsibility orno responsibility on the part of a person for conditions or activities that werealleged in that action or proceeding to constitute a public nuisance shall,nevertheless, result in the city being the prevailing party.

c. Provided the city has made an election to seek attorney’s fees, an award ofattorney’s fees to a person shall not exceed the amount of reasonable attorney’s

4751812.1 -. L235.37

fees incurred by the person in that action or proceeding.

P1annin Reciuirements:1. The stealth “mono-palm” must be approved by the Director of Community

Development.

2. Within thirty (30) days of approval of the Project, the Applicant shall certify his/heracceptance of the conditions placed on the approval by signing a notarized Affidavitof Acceptance stating that he/she accepts and shall be bound by all of the conditions.

3. Landscape planter along the perimeter of Firestone Boulevard shall be landscapedwith irrigation.

4. Fencing along Firestone Boulevard and Madison Avenue must be repainted asfollows: a) cinder block repainted to match the existing parish hall structure and b)the wrought iron portion shall be repainted black.

5. The interior cinder block wall along the south property line and east property linemust be repainted to match the existing parish hail structure.

6. The storage containers located on the southeast corner of the property shall beremoved.

7. The new storage equipment shelter must have decorative block wall (split face/slumpstone) and automatic self-closing solid metal doors and must be approved by theConimunity Development Director.

8. The new storage equipment shelter shall be landscaped with 3 feet minimum in frontof the storage perimeter (facing Firestone Boulevard) for aesthetics.

9. A new trash enclosure must be provided and approved by the CommunityDevelopment Director. Trash enclosures shall include a decorative cover, decorativeblock wall and automatic self-closing metal doors.

10. The Applicant shall defend, hold harmless and indemnify the City and its agents,officers and employees from any claim, action or proceeding against the City or itsagents, officers or employees to attack, set aside, void or annul any approval by theCity concerning the Project. The City shall promptly notify the Applicant of any filedclaim, action or proceeding and shall cooperate fully in the defense of the action.

11. If lease is terminated antennas shall be removed within 45 days.

12. Additional landscaping adjoining the equipment compound will be added to diminishthe impact of the monopole.

13. The applicant will repaint the monopole a neutral color and add camouflage antenna

4751812.1 --1235.37

sleeves to the antenna arrays.

14. No exterior structural alteration shall be permitted without the prior approval of theDirector of Community Development.

15. No exterior structure alteration shall be permitted without the prior approval of theDirector of Community Development.

16. The property shall be developed in accordance with the approved plans, unlessotherwise approved in writing by the Director of Community Development.

17. Unless otherwise waived, the permittee shall comply with all applicable codes, laws,rules and regulations including the Building and Safety, Public Works, and ZoningCodes of the City of South Gate and the Health and Fire Codes of the County of LosAngeles.

18. All improvements associated with the telecommunications facility, includingequipment shelters, antennas, and fencing shall be properly maintained at all times.

19. The property owner shall scrape and re-pave and re-stripe the site per Building &Safety Division standards.

20. Building and Grading permits shall be obtained from the Building & Safety Divisionprior to the commencement of construction.

21. The property owner shall continually maintain the property clean so that is visuallyattractive and not dangerous to the health, safety and general welfare of thesurrounding properties and residents.

22. The property owner and permittee shall ensure that all facets of the facility areregularly inspected, maintained and repaired in a timely fashion.

23. Annual maintenance and repair inspections shall be conducted for all structures,equipment and fencing/walls for structural and electrical safety.

24. Overgrown vegetation and weeds shall be removed and disposed of.

25. All Graffiti shall be removed.

26. The applicant/operator of the telecommunications facility shall operate the proposedequipment in strict conformance with the Federal Communications Commission(FCC) regulations at all times so as not to cause a Public Health and Safety Hazard ornuisance to the surrounding properties and residents.

27. All site signage required by the Federal Communications Commission, if any, shallbe maintained in a clean condition at all times and graffiti and vandalism free.

4751812.1 —L235.37 14

28. The access gate to the telecomnnmications equipment shelter shall remain accessiblefor fire and emergency entrance.

29. All telecommunications power and electrical lines shall be placed underground.

Code Enforcement Requirements:30. Maintain property free from graffiti at all times.

31. Maintain all vegetation cut and trimmed at all times.

32. Maintain property clean and free from debris at all times.

33. Maintain property free from any signs promoting services.

34. Keep property secured at all times.

BuiIdin and Safety Requirements:35. Must slurry and re-stripe parking lot.

36. Replace all damagedJmissing parking tire stops.

37. Repair inoperable/damaged storm drain (catch basin) at northwest area of parking lot.

(blank)

4751812.1 -- L235.37

RESOLUTION NO.


RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHGATE, CALIFORNIA, DENYING CONDITIONAL USE PERMIT NO. 833

TO ALLOW AN UNMANNEDTELECOMMUNICATIONS FACILITY AT 8912 MADISON AVENUE

WhEREAS, 35 Infrastructure Partners (“J5”), on behalf of Verizon Wireless(“Verizon”), applied for Conditional Use Permit No. 33 (“CUP No. 833”) to install and operateat 8912 Madison Avenue a telecommunications facility which would including a 60-foot tallmonopole antenna camouflaged to resemble a palm tree; and

WhEREAS, on February 21, 2019, the South Gate Planning Commission denied therequest to issue CUP No. 833; and

WHEREAS, 35 has appealed that Planning Commission decision to the City Council,requesting that CUP No. 833 be granted and that the proposed conditions thereof be modified;and

WHEREAS, during the regularly scheduled City Council meeting of March 26, 2019,the City Council conducted a duly noticed public hearing on that appeal, at which the CityCouncil heard testimony from representatives of Verizon, J5, and members of the community;and




NOW, THEREFORE, TIlE CITY COUNCIL OF THE CITY OF SOUTH GATE DOESHEREBY RESOLVE AS FOLLOWS:


SECTION 2. The City Council hereby denies the application for Conditional Use Permit No.833 and shall not be issued.

4751892.1 -- L235.37 ATTACHMENT B

SECTION 3. The Director of Community Development is hereby authorized and directed toprepare a written record of the reasons for denial of CUP No. 833 which were expressed by theCity Council at the conclusion of the above-referenced public hearing, and to deliver that writtenrecord to the City Clerk for attachment to this Resolution.


SECTION 5. The City Clerk shall certif’ to the adoption of this Resolution, which shall beeffective upon its adoption, and shall attach to her certified copy of this Resolution the writtenrecord identified in Section 3 above.

PASSED, APPROVED and ADOPTED this 26th day of March, 2019.

CITY OF SOUTH GATE:


ATTEST:


ETh fl\I

APPROVED 45 TO FOIM•1

,I’j

;-‘ Li LJ URaul F. Salinas, City Attorney

4751892.1 — L235.37

RESOLUTION NO.


RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHGATE, CALIFORNIA, APPROVING AND MODIFYING CONDITIONAL

USE PERMIT NO. 833 TO ALLOW AN UNMANNEDTELECOMMUNICATIONS FACILITY AT 8912 MADISON AVENUE

WHEREAS, J5 Infrastructure Partners (“J5”), on behalf of Verizon Wireless(“Verizon”), applied for Conditional Use Permit No. 833 (“CUP No. 833”) to install and operateat 8912 Madison Avenue a telecommunications facility which would including a 60-foot tallmonopole antenna camouflaged to resemble a palm tree; and

WHEREAS, on February 21, 2019, the South Gate Planning Commission denied therequest to issue CUP No. 833; and

WHEREAS, J5 has appealed that Planning Commission decision to the City Council,requesting that CUP No. 833 be granted and that the proposed conditions thereof be modified;and

WHEREAS, during the regularly scheduled City Council meeting of March 26, 2019,the City Council conducted a duly noticed public hearing on that appeal, at which the CityCouncil heard testimony from representatives of Verizon, J5, and members of the comimmity;and






SECTION 2. The City Council hereby approves the application for Conditional Use Permit No.833 and shall be issued.

4751887.1 -- L235,37ATTACHMENT C

SECTION 3. When issuing CUP No. 833, the conditions thereto shall be modified in themanner verbally directed by the City Council at the conclusion of the above-referenced publichearing.

SECTION 4. The Director of Community Development is hereby authorized and directed toprepare a document setting forth the conditions to CUP No. 833, modified pursuant to Section 3above, and to deliver that document to the City Clerk for attachment to this Resolution.

SECTION 5. The Director of Community Development is hereby authorized and directed totake all actions which he deems necessary or appropriate to issue without delay CUP No. 833 asdirected in this Resolution.


SECTION 7. The City Clerk shall certify to the adoption of this Resolution, which shall beeffective upon its adoption, and shall attach to her certified copy of this Resolution the documentidentified in Section 4 above.


CITY OF SOUTH GATE:

MarIa Belën Bernal, Mayor

ATTEST:


4751887 1 -- 123537

ITEM NO.2

city ofSouth GatePLANNING COMMISSION

- \ ‘

Li’ N N ) I

pj /.-_.\. _-‘ “

Fo the Spcia1 Meeting of: February 21. 2019

Assistant Planner: Community Development:J.j_—Ipssica iened4. Joe Pçz

SUBJECT: CONDITIONAL USE PERMIT NO. 833 AT 8912 MADISON AVE(TELECOMMUNICATIONS FACILITY WITH A 60 FOOT TALL ANTENNA)

PURPOSE: To consider a request for a Conditional Use Permit No. 833 to allow a new 60’ hightelecommunications antenna and facility equipment at 8912 Madison Avenue.

RECOMMENDED ACTIONS:

1. CONDUCT a public hearing;

2. ACCEPT the determination that this project is Categorically Exempt under Class 3 (NewConstruction or Conversion ofSmall Structures) Section 15303 ofthe California EnvironmentalQuality Act;

3. ADOPT the findings as outlined in Resolution No. 20 19-01, and

4. DENY Conditional Use Permit No. 833

PUBLIC NOTIFICATION: Advertising and notification ofthe public hearing for the application wasconducted in compliance with Chapter 11.50, Title 11 of the South Gate Municipal Code. Notice ofthehearing was originally published in the Los Angeles Wave” and mailed to surrounding properties andproperty owners on February 7, 2019.

ENVIRONMENTAL EVALUATION: The project has been deemed Categorically Exempt underClass 3 (New Construction or Conversion of Small Structures) Section 15303 of the CaliforniaEnvironmental Quality Act. Class 3 consists of construction and location of limited numbers ofnew,small facilities or structures; installation of small equipment and facilities in small structures; and theconversion of existing small structures from one use to another where only minor modifications aremade in the exterior of the structure.

REPORT SUMMARY: Conditional Use Permit No. 833 is a request by J5 Infrastructure Partners, onbehalfof Verizon Wireless, to construct an unmanned telecommunications facility consisting ofa new60’ foot high monopole at 8912 Madison Avenue. The project would include (12) panel antennas, (12)RRU’s, (3) raycaps, (3) hybrid cables. (1) diesel DC standby generator, (1) GPS antenna, (3) MCEcabinets, and (1) microwave dish antenna at 8912 Madison Ave. The applicant proposes to install a 60foot tall monopole antenna structurally designed to resemble a palm tree and a 246 square ftotequipment storage shelter. The equipment shelter is proposed on the southeast corner of the lot.

2jDPage 1 of4

ATTACHMENT D

Property DescriptionThe zoning designation for the property is CDRI (Corridor 1) and the General Plan designation is theFirestone Corridor. The surrounding uses to the north include El Super Grocery Store, to the West is St.Helen’s Church, to the south are single family homes, and to the east is L.A. Auto used car dealership.The 14,906 square foot site has served as a parking lot with twenty-seven surface parking spaces and aparish hail for Saint Helen’s Church since 1975. The property has an existing 4,368 square footstructure that serves as a hall.

ANALYSIS: Firestone Boulevard is the primary arterial roadway through the City and helps connectthe City with the wider region. The corridor contains predominantly auto-oriented retail and commercialuses, including used car dealerships, auto repair shops and automobile parts stores. Many of thebuildings are older and in need of significant renovation. The South Gate General Plan Vision for theFirestone Corridor includes a diverse mix of uses, including retail, office, high-density housing, andnew development designed to bring buildings to the property line frontage to enhance pedestrianactivity.

The project site is situated south of Firestone Boulevard and east of Madison Avenue. Per Chapter11.21 Table 11.23-3, of the South Gate Municipal Code, antennas/communications equipment arepermitted with approval ofa Conditional Use Permit (CUP). The monopaim is approximately 115 linearfeet away from Firestone Boulevard and at 60’ feet high will provide coverage for approximately aquarter mile radius. The monopole is proposed to be centrally located within the lot on the outer easternportion of the hall and will not require the removal of any existing parking spaces. Once built, themonopaim will be visible to pedestrians and vehicular traffic on Firestone Boulevard and MadisonAvenue, as well as neighboring properties to the east and west. The enclosed storage shelter will beplaced within the south east portion of the lot and would be adjacent to the garage of a single-familyhome at 8918 Madison Ave.

The City has a strong interest in achieving and maintaining a high level ofwireless telecommunicationservice availability for businesses and residents and encourages substantial competition among serviceproviders to meet increasing demands for newer and improved services. However, the City alsounderstands that potential land use impacts can result from the development ofwireless communicationfacilities, particularly visual clutter.

General Plan ConformanceThe South Gate 2035 General Plan supports telecommunication services. However, the project does notfurther Community Design Policy CD- Firestone Corridor- Policy 5 of the General Plan. Policy 5encourages new development step down in height to the existing family neighborhoods, or use oftechniques to buffer Corridor uses from adjacent residential uses. Wireless communication antennastructures should be located and/or designed to minimize public visibility. The applicant has notdemonstrated to staff that the proposed location is the least visually intrusive location possible. Theproposal does not include adequate visual measures to mitigate impacts along Firestone Boulevard andMadison Avenue or blend the use with the subject site.

Community Design Policy CD-Objective CD5.1- Policy 5 of the General Plan encourages utility areaand mechanical equipment to be designed in such a way that it does not detract from the aestheticappeal ofthe district. The wireless communication antenna structure is not designed in a way that alignswith the aesthetic appeal of the district. The proposal does not include adequate visual measures tomitigate impacts along Firestone Boulevard and Madison Avenue. The proposed design andconfiguration of the monopaim is not compatible and harmonious to the surrounding facilities that exist

Page2ot4

on site. The microwave antenna does not visually contribute to the pole’s narrow vertical alignment.The goal for the Firestone Corridor are mixed use developments and high traffic voLume to enhancebusinesses. Instead, the proposal is designed in a manner that would contribute to visual clutter andvisual impacts within the City. Allowing a permanent monopaim significantly restricts futuredevelopment encouraged by the City of South Gate General Plan or aesthetic appeal of the district.

Community Design Policy CD-Objective CD7.3- Policy 2 of the South Gate General Plan encouragesthe development of retail and entertainment along Firestone Boulevard. Policy 2 states that thc Cityshould pursue major retail and entertainment uses for the Firestone Boulevard area to include theatres,major shopping centers, and other uses that have a regional draw. The proposal will not be the leastintrusive design and in the least intrusive location for improving coverage along the Firestone Corridor.The proposal would not contribute to the Firestone corridor beautification by enhancing the visualenvironment of South Gate’s vehicular corridors. The proposal will not allow for future development ofthe corridor as Verizon Wireless is planning a thirty year lease with the property owner.

Community Policy CD- Objective 6.1 Policy 7 of the South Gate General Plan encourages therevitalization, redevelopment and intensification of the City’s districts. Policy 7 requires iconic, highquality urban design and architecture to be pursued with new projects in all the Districts in order toimprove the aesthetics of the City. The proposed 60 foot high monopalm imitation tree with antennastructures attached does not meet a high quality urban design and aesthetic standard.

Conditional Use PermitStaffhas prepared two resolutions, one to adopt the denial of Conditional Use Permit No. 833 and analternative to approve Conditional Use Permit No. 833. The Planning Commission has the authority toapprove or deny the proposed Conditional Use Permit. The decision to continue, approve, or deny issolely a Planning Commission decision.

Before a Conditional Use Permit may be approved or denied, the Planning Commission (or the CityCouncil on appeal) shall make all of the following findings, as applicable to the property:

a) Approval of CUP is consistent with and will not adversely affect the intent andpurpose of this Code or the City’s General Plan.

b) The design and development of the land use and conditions of the CUP arecompatible with the existing and future land uses of the applicable zone.

c) Approval of the CUP would not result in detrimental impacts to adjacent properties or tothe character or function of the neighborhood.

Federal Telecommunications Act LimitationsThe Federal Telecommunications Act limitations prohibits cities from discriminating among providers.Additionally, the FCC requires that a statelocal government act on any request within a reasonableperiod. Any decision by a state or local government to deny a request to place, construct, or modit’must be supported by substantial evidence and cannot be denied based on radio-frequency emissions aslong as they comply with FCC regulations.

Furthermore, in 2009 the Federal Communications Commission (FCC) adopted a Declaratory Rulingregarding state and local review of wireless facility siting” applications. The Declaratory Rulingprovided direction on application processing requirements and deadlines. The ruling requires state andlocal authorities to process telecommunications facilities within a reasonable period of time. The FCC

Page3of4

2:2—

determined that a “reasonable period of time” is as follow:

• 90 days to process applications for the collocation of additional antennas to existinginfrastructure; and

• 150 days to process applications for the construction of new infrastructure.

CONCLUSiON: The 150-day deadline will expire by March 7,2019. This means that if the PlanningCommission does not take action March 7, the application will be automatically approved under federallaw. As stated above, South Gate supports the availability of Wireless Communication Service forbusinesses and residents and encourages substantial competition among service providers to meetincreasing demands for newer and better services. However, it is evident that potential land use impactscan result from the development ofwireless telecommunication facilities, particularly visual clutter. Theproposed design and configuration of the monopalm is not compatible and harmonious to thesurrounding facilities that exist on site. The microwave antenna does not visually contribute to thepole’s narrow vertical alignment. The proposal will not be the least intrusive design and in the leastintrusive location for improving coverage along the Firestone Corridor. The proposal will not contributeto the Firestone corridor beautification by enhancing the visual environment ofSouth Gate’s vehicularcorridors. For these reasons it is recommended that the Planning Commission deny this request for aConditional Use Permit.

BACKGROUND:

Applicant: Property Address:Verizon Wireless 8912 Madison Ave15505 Sand Canyon Avenue South Gate, CA 90280Building D, First FloorIrvine, CA 92618 Assessor’s Parcel Number:

6204-003-041 &42Property Owner:Roman Catholic Archdiocese of Los Angeles Existing Zoning: Corridor I (CDR1)680 E Colorado Blvd, Suite 180Pasadena Ca 91101 General Plan Designation:

Firestone CorridorRepresentative:J5 Infrastructure Partners Surrounding Land Uses:do Bryce Novak North: Commercial7711 Normal Ave East: CommercialLa Mesa, CA 91941 South: Commercial

West: Residential

ATTACHMENTS: A: Proposed Resolution No. 20 19-01 (Denial)B: Proposed Resolution No. 2019-01 (Approval)C: Aerial and Location MapD: Site Plan. Antenna Plan, and ElevationsE: Photograph SimulationF: Propagation MapG: Notice of ExemptionH: Public Hearing Notice

Page 4 of 4

RESOLUTION NO. 20 19-01

A RESOLUTION OF THE PLANNING COMMISSIONOF THE CITY OF SOUTH GATE, CALIFORNIA,DENYING CONDITIONAL USE PERMIT NO. 833

WHEREAS, on October 8, 2018, the Department ofCommunity Development received anapplication from J5 Infrastructure Partners., on behalfVerizon Wireless, to construct a new 60 foothigh monopaim consisting of (12) panel antennas, (12) RRU’s, (3) raycaps, (3) hybrid cables, (1)diesel DC standby generator, (I) GPS antenna, (3) MCE cabinets, and (1) microwave dish antenna at8912 Madison Aye; and

WHEREAS, the Planning Commission, upon giving the required notice, did onFebruary 21, 2019, conduct a duly advertised public hearing as required by law to consider theapproval of Conditional Use Permit No. 833. Notice of the hearing was originally published in the“Wave” on February 8,2019 and mailed to surrounding properties and property owners within 1,000feet of the subject site on February 7, 2019; and

WHEREAS, the 14,906 square foot site is in the COR1 (Corridor I) zone and the GeneralPlan designation is the Firestone Corridor; and

WHEREAS, the site has served as a parish hall and parking lot with twenty-seven surfaceparking spaces for Saint Helen’s Church since 1975; and

WHEREAS, Firestone Boulevard is the primary arterial roadway through the City that helpsconnect the City with the wider region; and

WHEREAS, the South Gate General Plan vision for the Firestone Corridor includes adiverse mix ofuses, including retail, office, high-density housing, and new development designed tobring buildings to the property line frontage; and

WHEREAS, Policy 5 of the Firestone Corridor in the South Gate General Plan encouragesnew development step down in height to existing single family neighborhoods or techniques tobuffer corridor uses from adjacent residential uses; and

WHEREAS, the objective of Community Design Policy 5.1 (5) of the General Planencourages utility areas and mechanical equipment to be designed in such a way that it does notdetract from the aesthetic appeal of the district; and

WHEREAS, the objective of Community Design Policy 7.3 (2) of the General Planencourages the development of retail and entertainment along Firestone Boulevard; and

WHEREAS, the objective of Community Design Policy 6.1 (7) of the General Planencourages iconic, high quality urban design and architecture to be pursued with new projects in allthe Districts in order to improve the aesthetics of the City; and

WHEREAS, studies and investigations were made and a staffreport with recommendationswas submitted; and

ATTACHMENT A 24

WHEREAS, the Planning Commission determined that the facts of this matter are as

follows:

1. On October 8,2019, the Department ofCommunity Development received an application from

J5 Infrastructure Partners., on behalf Verizon Wireless, to construct a new 60 foot high

monopaim consisting of (12) panel antennas, (12) RRU’s, (3) raycaps, (3) hybrid cables, (1)

diesel DC standby generator, (I) GPS antenna, (3) MCE cabinets, and (1) microwave dish

antenna at 8912 Madison Avenue.

2. The project is proposed at 8912 Madison Ave (on the southeast corner of Firestone Boulevard

and Madison Avenue) at the parish hail across from Saint Helen’s Church. The property is zonedCorridor 1 (CDR1) and the General Plan designation is Firestone Corridor. The surrounding uses

to the east, north and west are commercial and auto, and residential to the south.

3. The proposed wireless telecommunications facility consists ofa 60 foot tall antenna structurally

designed to resemble a palm tree and a 246 square foot equipment storage shelter. The equipment

shelter is proposed at the southeast corner of the property and is proposed to occupy

approximately a 246 square foot storage shelter in perimeter.

4. It is evident that potential land use impacts can result from the development of wireless

telecommunications facilities, particularly visual clutter.

5. The proposal is not the least intrusive design and in the least intrusive location for improving

coverage along the Firestone Corridor.

6. The microwave dish antenna does not visually contribute to the pole’s narrow vertical alignment.

7. The proposal will not contribute to the Firestone Corridor beautification by enhancing the visual

environment of South Gate’s vehicular corridors.

8. Notice for the Planning Commission hearing was published in the “Wave” on February 8,2019

and mailed to surrounding properties and property owners on February 7, 2019.

WHEREAS, the City Planning Commission made the following findings:

1. The subject application is detrimental to the public health, safety, and welfare or

adversely affect property values or the present and future development of the surrounding

area with the incorporation of the conditions of approval.

2. Policy 5 of Community Design- Firestone Corridor of the General Plan states the

following: “New development should step down in height to the existing singlefamily

neighborhoods, or employ other techniques to biffer C’orridor uses from adjacent

residential areas.” The applicant has not demonstrated to staffthat the proposed locationis the least visually intrusive location possible.

3. Policy 5 of Community Design- Objective 5.1 of the General Plan states the following:

“Utility areas and mechanical equipment to be designed in such a way that it does not

detractfrom the aesthetic appeal ofthe district.” The proposal does not include adequatevisual measures to mitigate impacts along Firestone Boulevard and Madison Avenue.

25

The proposed design and configuration of the monopaim is not compatible andharmonious to the surrounding facilities that exist on site. The microwave antenna doesnot visually contribute to the pole’s narrow vertical alignment.

4. Policy 2 of Community Design- Objective 7.3 of the General Plan states the following:“Development of retail and entertainment along Firestone Boulevard. Policy 2 statesthat the City should pursue major retail and entertainment uses for the FirestoneBoulevard area to include theatres, major shopping centers, and other uses that have aregional draw. “ The proposal will not allow for future development of the corridor asVerizon Wireless is planning a thirty year lease with the property owner.

5. Policy 7 of Community Design- Objective 6.1 of the General Plan states the following:“Iconic, high quality urban design and architecture should bepursued with newprojectsin all the Districts in order to improve the aesthetics ofthe City. “The proposed 60 foothigh monopaim imitation tree with antenna structures attached does not meet a highquality urban design and aesthetic standard.

6. The proposed telecommunications facility is Categorically Exempt under Class 3 (NewConstruction or Conversion of Small Structures) Section 15303(c) of the CaliforniaEnvironmental Quality Act. Class 3 consists of construction and location of limitednumbers of new, small facilities or structures; installation of small equipment andfacilities in small structures; and the conversion ofexisting small structures from one useto another where only minor modifications are made in the exterior of the structure.

(blank)

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City ofSouth Gate, pursuant to the facts, noted above, does hereby deny Conditional Use Permit No. 833, toallow Verizon Wireless to construct an unmanned telecommunications facility consisting ofa 60 footmonopaim with (12) panel antennas at top, (12) RRUS, (3) raycaps, (3) hybrid cables, (1) diesel DCstandby generator, (1) GPS antennas, (2) MCE cabinets, and (1) MW at 8912 Madison Ave.

This denial was adopted by the following vote at the Planning Commission meeting ofFebruary 21 ,2019

AYES:

NOES:

ABSENT:

NOT VOTING:

DENIED and ADOPTED this 21st of February, 2019.

Joe PerezSecretaryCity Planning Commission

APPROVED:

Jose DelgadoChairpersonCity Planning Commission

RESOLUTION NO. 2019-0 1

A RESOLUTION OF THE PLANNING COMMISSIONOF THE CITY OF SOUTH GATE, CALIFORNIA,

APPROVING CONDITIONAL USE PERMIT NO. 833

WHEREAS, on October 8,2018, the Department ofCommunity Development received anapplication from 35 Infrastructure Partners., on behalf Verizon Wireless, to construct a new 60 foothigh monopaim consisting of (12) panel antennas, (12) RRU’s, (3) raycaps, (3) hybrid cables, (1)diesel DC standby generator, (1) GPS antenna, (3) MCE cabinets, and (1) microwave dish antenna at8912 Madison Aye; and

WHEREAS, the Planning Commission, upon giving the required notice, did onFebruary 21, 2019, conduct a duly advertised public hearing as required by law to consider theapproval of Conditional Use Permit No. 833. Notice of the hearing was originally published in the“Wave” on February 8,2019 and mailed to surrounding properties and property owners within 1,000feet of the subject site on February 7, 2019; and

WHEREAS, the 14,906 square foot site is in the CDRI (Corridor 1) zone and the GeneralPlan designation is the Firestone Corridor; and

WHEREAS, the site has served as a parish hail and parking lot with twenty-seven surfaceparking spaces for Saint Helen’s Church since 1975; and


WHEREAS, the South Gate General Plan vision for the Firestone Corridor includes adiverse mix ofuses, including retail, office, high-density housing, and new development designed tobring buildings to the property line frontage; and


WHEREAS, the objective ofCommunity Design Policy S ofObjective 5.1(5) ofthe GeneralPlan encourages utility areas and mechanical equipment to be designed in such a way that it doesnot detract from the aesthetic appeal of the district; and

WHEREAS, the objective of Community Design Policy 7.3 (2) of the General Planencourages the development of retail and entertainment along Firestone Boulevard; and


WHEREAS, studies and investigations were made and a staffreport with recommendationswas submitted; and

ATTACHMENT B

WHEREAS, the Planning Commission determined that the facts of this matter are asfollows:

1. On October 8, 2019, the Department of Community Development received an application fromJ5 Infrastructure Partners., on behalf Verizon Wireless, to construct a new 60 foot highmonopalm consisting of (12) panel antennas, (12) RRU’s, (3) raycaps, (3) hybrid cables, (1)diesel DC standby generator, (1) GPS antenna, (3) MCE cabinets, and (1) microwave dishantenna at 8912 Madison Avenue.

2. The project is proposed at 8912 Madison Ave (on the southeast corner of Firestone Boulevardand Madison Avenue) at the parish hail across from Saint Helen’s Church. The property is zonedCorridor 1 (CDR 1) and the General Plan designation is Firestone Corridor. The surrounding usesto the east, north and west are commercial and auto, and residential to the south.

3. The proposed wireless telecommunications facility consists ofa 60 foot tall antenna structurallydesigned to resemble a palm tree and a 246 square foot equipment storage shelter. The equipmentshelter is proposed at the southeast corner of the property and is proposed to occupyapproximately 246 square feet in perimeter.

4. Notice for the Planning Commission hearing was published in the “Wave” on February 8,2019and mailed to surrounding properties and property owners on February 7, 2019.


1. The proposed Conditional Use Permit is consistent with and will not adversely affect theintent and purpose Title 1 lof the City’s Municipal Code or the City’s General Plan.

2. The design and development of the land use and conditions of the proposed Conditional UsePermit are compatible with the existing and future land uses of the applicable zone.

3. The proposed Conditional Use Permit would not result in detrimental impacts to adjacentproperties or to the character or function of the neighborhood.

4. The proposed telecommunications facility is Categorically Exempt under Class 3 (NewConstruction or Conversion of Small Structures) Section 15303(c) of the CaliforniaEnvironmental Quality Act. Class 3 consists ofconstruction and location oflimited numbersof new, small facilities or structures; installation of small equipment and facilities in smallstructures; and the conversion of existing small structures from one use to another whereonly minor modifications are made in the exterior of the structure.

(blank)

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City ofSouth Gate, pursuant to the facts, noted above, does hereby approve Conditional Use Permit No.833, to allow Verizon Wireless to construct an unmanned telecommunications facility consisting ofa60 foot monopaim with (12) panel antennas at top, (12) RRUS, (3) raycaps, (3) hybrid cables, (1)diesel DC standby generator, (1) GPS antennas, (2) MCE cabinets, and (1) MW at 8912 MadisonAvenue subject to the attached Conditions of Approval.

This approval was adopted by the following vote at the Planning Commission meeting ofFebruary21, 2019

AYES:

NOES:

ABSENT:

NOT VOTING:

APPROVED and ADOPTED this 2l of February, 2019.

Joe PerezSecretaryCity Planning Commission

APPROVED:

Jose DelgadoChairpersonCity Planning Commission

RESOLUTION NO. 20 19-01CUP NO. 833- CONDITIONS OF APPROVAL

8912 Madison Ave

General Requirements:1. Code Compliance

Unless otherwise waived, the permittee shall comply with all applicable codes, laws,rules and regulations including the Building and Safety, Public Works, and Zoning Codesof the City of South Gate and the Health and Fire Codes of the County of Los Angeles.

2. Approved PlansThe property shall be developed substantially in accordance with the approved plans andSite Plan included as Attachment C. Unless otherwise approved in writing by theDirector of Community Development.

3. Future ConstructionAll future construction or additions to the installation shall be subject to review andapproval of the Planning Commission, as determined appropriate by the Director ofCommunity Development.

4. Compliance with ConditionsUnless otherwise noted, all conditions are to be complied with as ofthe effective date ofthe conditional use permit.

5. CitationAny violation of the code requirements and/or conditions of approval may be subject tothe issuance of a citation that could result in a fine as set by the Planning Commission,after notice, at which time the applicant may address the Commission.

6. Intensification of UsePermittee shall not expand the facility beyond the perimeter authorized by this permit andshall not materially increase the size or number of antennas and other equipment at thepermit site

7. RevocationViolations of the conditions of this conditional use permit can result in the revocation ormodification of this application by the issuing body at a regularly scheduled meeting,notice of which will be given to the applicant by first class mail, postage prepaid, or byposting notice of said hearing at two prominent locations on the premises to which thepermit refers.

8. ReimbursementThe City Planning Commission may impose, as a condition of continuation,reinstatement or re-issuance ofany permit, a requirement that the Permittee reimburse theCity for all costs and expenses reasonably incurred in the investigating, identifying, anddocumenting the violation and in processing information concerning the violation for

2I1

presentation to the City Planning Commission, and upon appeal, to the City Council.

9. Expiration of Conditional Use Permit/Unclassified Use PermitUnless the conditional use permit is exercised within one year from the date ofapproval,the conditional use permit shall be directed to the Planning Commission for due processto determine reasonability for possible extension.

10. Fish and Game FeeIf the Department of Fish and Game determines that this project is not exempt from thefiling fees imposed pursuant to the Fish and Game Code Section 711.4, approval of thisproject shall be conditioned on the permittee paying to the Department ofFish and Gamesuch fees and any fine which the Department of Fish and Game determines to be owed.

11. Maintenance of Property Free of GraffitiApplicant acknowledges and agrees that the permit is expressly conditioned on thepermittee maintaining the subject equipment in a well-maintained condition, and freefrom graffiti. In the event of graffiti markings, Applicant agrees to eliminate all suchgraffiti within 24 hours, with or without notice from the City, as a condition of thepermit.

Suspension or Revocation:1. A public hearing consistent with Chapter 11.50 (Administration) shall be held for the

consideration of a permit revocation. A permit or any associated conditions may berevoked or modified by the Planning Commission subject to any of the followinggrounds:

a. The permit or approval was obtained by fraud.b. The property is not being use for the purpose which is the subject of the permit.c. The use for which the approval was granted has ceased or has been suspended for

1 year or more.d. The permit or conditions of the approval have been violated; exercised contrary

to the terms of approval; or in violation of any statute, ordinance, law orregulation.

e. The use for which the approval was granted was exercised in a mannerdetrimental to the public health or safety, or as to constitute a public nuisance.

2. Any approval or permit granted by the City becomes null and void if the property is notbeing used for the approved or permitted purpose within one (1) year from the date theapproval or permits was issued, consistent with the provisions identified within Section11.55 Nonconforming Uses and Buildings.

3. Any approval or permit granted within one year preceding the effective date of theZoning Code that has not made progress to fulfill the entitlements and bring the project tocompletion shall be considered null and void.

4. If the application or any conditions of the CUP violate the Zoning Code or do not fulfillthe intent of the Code, the Planning Commission shall, following a public hearing, beauthorized to take the following actions:

a. Revoke the CUP, revoke and reissue the CUP with new or modified conditions, or

22

modify the conditions of the existing CUP as may be appropriate under thecircumstances.

b. Impose, as a condition ofthe continuation, reinstatement, or reissuance ofthe CUP, arequirement that the permittee reimburse the City for all costs and expensesreasonably incurred in investigating, identifying, and documenting the violation, andin processing information concerning the violation for presentation to the PlanningCommission, and, upon any appeal, to the City Council.

c. A CUP shall be revocable if the exercises of rights granted by the CUP arediscontinued for 6 consecutive months. The use subject to the CUP may not beresumed if the CUP is revoked; a new CUP, including processing and publicnotification, shall be required.

5. A prevailing party in anyjudicial action, administrative proceeding, or special proceedingto abate or to cause the abatement of a public nuisance, or in any appeal or other judicialaction arising therefrom, may recover reasonable attorney’s fees in accordance with thefollowing subsections:

a. Attorney’s fees are not recoverable by any person as a prevailing party unless the citymanager, or a designee thereof, or an attorney for and on behalf of the city, elects inwriting to seek recovery ofthe city attorney’s fees at the initiation of that individualaction or proceeding. Failure to make such an election precludes any entitlement to,or award of, attorney’s fees in favor of any person or the city.

b. The city is the prevailing party when an administrative or judicial determination ismade or affirmed and a person is found to be responsible for one or more conditionsor activities that constitute a public nuisance. A person is the prevailing party onlywhen a final administrative orjudicial determination completely absolves that personofresponsibility for all conditions or activities that were alleged to constitute a publicnuisance in that action or proceeding. An administrative orjudicial determination thatresults in findings of responsibility or no responsibility on the part of a person forconditions or activities that were alleged in that action or proceeding to constitute apublic nuisance shall, nevertheless, result in the city being the prevailing party.

c. Provided the city has made an election to seek attorney’s fees, an award ofattorney’sfees to a person shall not exceed the amount ofreasonable attorney’s fees incurred bythe person in that action or proceeding.

Planning Requirements:1. The stealth “mono-palm” must be approved by the Director ofCommunity Development.

2. Within thirty (30) days of approval of the Project, the Applicant shall certify his/heracceptance of the conditions placed on the approval by signing a notarized Affidavit ofAcceptance stating that he/she accepts and shall be bound by all of the conditions.

3. Landscape planter along the perimeter of Firestone Boulevard shall be landscaped withirrigation.

4. Fencing along Firestone Boulevard and Madison Avenue must be repainted as follows: a)cinder block repainted to match the existing parish hail structure and b) the wrought ironportion shall be repainted black.

5. The interior cinder block wall along the south property line and east property line must berepainted to match the existing parish hail structure.

6. The storage containers located on the southeast corner of the property shall be removed.

7. The new storage equipment shelter must have decorative block wall (split face/slumpstone) and automatic self-closing solid metal doors and must be approved by theCommunity Development Director.

8. The new storage equipment shelter shall be landscaped with 3 feet minimum in front ofthe storage perimeter (facing Firestone Boulevard) for aesthetics.

9. A new trash enclosure must be provided and approved by the Community DevelopmentDirector. Trash enclosures shall include a decorative cover, decorative block wall andautomatic self-closing metal doors.

10. The Applicant shall defend, hold harmless and indemnify the City and its agents, officersand employees from any claim, action or proceeding against the City or its agents,officers or employees to attack, set aside, void or annul any approval by the Cityconcerning the Project. The City shall promptly notify the Applicant of any filed claim,action or proceeding and shall cooperate fully in the defense of the action.

11. If lease is terminated antennas shall be removed within 45 days.

12. Additional landscaping adjoining the equipment compound will be added to diminish theimpact of the monopole.

13. The applicant will repaint the monopole a neutral color and add camouflage antennasleeves to the antenna arrays

14. No exterior structural alteration shall be permitted without the prior approval of theDirector of Community Development.

15. No exterior structure alteration shall be permitted without the prior approval of theDirector of Community Development.

16. The property shall be developed in accordance with the approved plans, unless otherwiseapproved in writing by the Director of Community Development.

17. Unless otherwise waived, the permittee shall comply with all applicable codes, laws,rules and regulations including the Building and Safety, Public Works, and Zoning Codesof the City of South Gate and the Health and Fire Codes of the County of Los Angeles.

18. All improvements associated with the telecommunications facility, including equipmentshelters, antennas, and fencing shall be properly maintained at all times.

19. The property owner shall scrape and re-pave and re-stripe the site per Building & SafetyDivision standards.

20. Building and Grading permits shall be obtained from the Building & Safety Divisionprior to the commencement of constructton.

21. The property owner shall continually maintain the property clean so that is visuallyattractive and not dangerous to the health, safety and general welfare of the surroundingproperties and residents.

22. The property owner and permittee shall ensure that all facets of the facility are regularlyinspected, maintained and repaired in a timely fashion.

23. Annual maintenance and repair inspections shall be conducted for all structures,equipment and fencing/walls for structural and electrical safety.

24. Overgrown vegetation and weeds shall be removed and disposed of.

25. All Graffiti shall be removed.

26. The applicantloperator of the telecommunications facility shall operate the proposedequipment in strict conformance with the Federal Communications Commission (FCC)regulations at all times so as not to cause a Public Health and Safety Hazard or nuisanceto the surrounding properties and residents.

27. All site signage required by the Federal Communications Commission, if any, shall bemaintained in a clean condition at all times and graffiti and vandalism free.

28. The access gate to the telecommunications equipment shelter shall remain accessible forfire and emergency entrance.

29. All telecommunications power and electrical lines shall be placed underground.

Code Enforcement Requirements:30. Maintain property free from graffiti at all times.

31. Maintain all vegetation cut and trimmed at all times.

32. Maintain property clean and free from debris at all times.

33. Maintain property free from any signs promoting services.

34. Keep property secured at all times.

Buildin2 and Safety Requirements:35. Must slurry and re-stripe parking lot.

36. Replace all damaged/missing parking tire stops.

37. Repair inoperable/damaged storm drain (catch basin) at northwest area of parking lot.

Location Map for 8912 Madison Avenue

ATTACHMENT C

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NOTICE OF EXEMPTION

TO: County ClerklRegistrar-Recorder FROM: Planning DepartmentCounty of Los Angeles City of South GateEnvironmental Filings 8650 California Avenue12400 E. Imperial Hwy., Rm 2001 South Gate, CA 90280-3075Norwalk, CA 90650

Project Title and Location (including county):Conditional Use Permit No. 8328912 Madison Aye, South Gate, Los Angeles, CA

Project Description:Conditional Use Permit No. 832 is a request by J5 Infrastructure Partners., on behalf of Verizon Wireless,to construct a new telecommunications facility consisting of a 60’ foot monopaim with (12) panelsantennas, (12) RRU’s, (3) raycaps, (3) hybrid cables, (1) diesel DC standby generator, (1) GPS antenna,(3) MCE cabinets, and (1) microwave dish antenna at 8912 Madison Ave.

Name of Public Agency Approving Project:City of South Gate - Community Development Department

Name of PersonlAgency Carrying Out Project:Joe Perez, Community Development Director

Exempt Status: (Check one)

C Ministerial (Sec. 21080 (b) (1): 15268);

Q Declared Emergency (Sec. 21080 (b) (3); 15269(a));

C Emergency Project (Sec. 21080 (b) (4); 15269(b) (C));

LJ Emergency Project (Sec. 21080 (b) (4): 15269(b) (c));

Categorical Exemption: Section: 15303 Class: 3

Q Statutory Exemption: Section:

_____

Class:

_____

Reasons why project is exempt:The project has been deemed Categorically Exempt under Class 3 (New Construction or Conversion ofSmall Structures) Section 15303 of the California Environmental Quality Act. Class 3 consists ofconstruction and location of limited numbers of new, small facilities or structures: installation of smallequipment and facilities in small structures; and the conversion of existing small structures from one useto another where only minor modifications are made in the exterior of the structure.

Lead Agency Contact Person and Phone Number:Jessica Jimenez, Assistant Planner323-563-9514jjimenezsogate.org

Prepared and filed by the South Gate Community Development Department by:

Jessica Jimenez, Assistant PlannerSignature Printed Name and Title Date

ATTACHMENT G

PUBLIC NOTiCE /

CITYOF SOUTII GATEPL.NN1NG COMMISSION

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Planning Commission of the City of South Gate will hold apublic hearing on Conditional Use Permit No, 832

DATE OF hEARING: Thursday, February 21. 2019

TIME OF HEARING: 7:00 pm

LOCATION OF hEARING: City Hall Council Chamber. City of South Gate8650 California AvenueSouth Gate, California

PROJECT LOCATION: 8912 Madison Ave

PROJECT DESCRIPTION: Construct an unmanned telecommunications facility consisting of a 60foot monopaim with (12) panel antennas, (12) RRU’s, (3) raycaps, (3) hybrid cables, (1) diesel DCstandby generator, (1) OPS antenna, (3) MCE cabinets, and (1) microwave dish antenna at 8912Madison Ave.

ENVIRONMENTAL REVIEW: The project has been deemed Categorically Exempt under Class 3(New Construction or Conversion of Small Structures) Section 15303 of the California EnvironmentalQuality Act. Class 3 consists of construction and location of limited numbers of new, small facilities orstructures; installation of small equipment and facilities in small structures; and the conversion of existingsmall structures from one use to another where only minor modifications are made in the exterior of thestructure.

INVITATION TO BE IIEARD: All interested persons are invited to the public hearing to be heard infavor of or in opposition to the proposed project or to prosi& comments. In addition, written commentsmay be submitted to the Community Development Department prior to the hearing. If you chaHenge theaction taken on this proposal in court, you may be limited to raising only those issues ou or someoneelse raised at the public hearing, described in this Notice, or in written correspondence delivered to theCity of South Gate prior to or at the public hearing.

Those desiring a copy of the statf report or lürther information related to this project should contact

Contact: Jessica Jirnenez, Assistant PlannerPhone: 323-563-9514F-mail: jJirneneza;sogate.orgMailing Address: Community Development Department

City ot South Gate8650 California AvenueSouth Gate, (‘A L)02803075

Joe Perez, Community Development Director

F.SPAOLlnt’irniieion en Espai’iol acerca tie csa junta pued er obtenida limando al 323—563—Q5 13

Publihcd: February 8, 2019

ATTACHMENT H

RESOLUTION NO. 2019-01

A RESOLUTION OF THE PLANNING COMMISSIONOF THE CITY OF SOUTH GATE, CALIFORNIA,DENYING CONDITIONAL USE PERMIT NO. 833

WHEREAS, on October 8, 2018. the Department of Community Development received anapplication from J5 Infrastructure Partners., on behalf Verizon Wireless. to construct a new 60 foothigh monopalm consisting of(12) panel antennas. (12) RRU’s, (3) raycaps, (3) hybrid cables, (1)diesel DC standby generator, (1) GPS antenna. (3) MCE cabinets, and (1’) microwave dish antenna at8912 Madison Aye; and

WHEREAS, the Planning Commission, upon giving the required notice, did onFebruary 21, 2019, conduct a duly advertised public hearing as required by law to consider theapproval of Conditional Use Permit No. 833. Notice of the hearing was originally published in the“Wave” on February 8,2019 and mailed to surrounding properties and property owners within 1.000feet of the subject site on February 7. 2019; and

WHEREAS, the 14,906 square foot site is in the CDRI (Corridor 1) zone and the GeneralPlan designation is the Firestone Corridor: and

WHEREAS, the site has served as a parish hall and parking lot with twenty-seven surfaceparking spaces for Saint Helen’s Church since 1975; and


WHEREAS, the South Gate General Plan vision for the Firestone Corridor includes adiverse mix ofuses, including retail. office, high-density housing, and new development designed tobring buildings to the property line frontage; and


WHEREAS, the objective of Community Design Policy 5.1 (5) of the General Planencourages utility areas and mechanical equipment to be designed in such a way that it does notdetract from the aesthetic appeal of the district; and

WHEREAS, the objective of Community Design Policy 7.3 (2) of the General Planencourages the development of retail and entertainment along Firestone Boulevard: and


WHEREAS, studies and investigations were made and a staff report with recommendationswas submitted: and

ATTACHMENT E

WHEREAS, the Planning Commission determined that the facts of this matter are asfollows:

1. On October 8,2019, the Department of C’ominunity Development received an application fromJ5 Infrastructure Partners., on behalf Verizon Wireless, to construct a new 60 foot highmonopalm consisting of(12) panel antennas, (12) RRU’s, (3) raycaps. (3) hybrid cables, (1)diesel DC standby generator, (I) GPS antenna. (3) MCE cabinets, and (1) microwave dishantenna at 8912 Madison Avenue.

2. The project is proposed at 8912 Madison Ave (on the southeast corner of Firestone Boulevardand Madison Avenue) at the parish hail across from Saint Helen’s Church. The property is zonedCorridor 1 (CDR I) and the General Plan designation is Firestone Corridor. The surrounding usesto the east, north and west are commercial and auto, and residential to the south.

3. The proposed wireless telecommunications facility consists of a 60 foot tall antenna structurallydesigned to resemble a palm tree and a 246 square foot equipment storage shelter. The equipmentshelter is proposed at the southeast corner of the property and is proposed to occupyapproximately a 246 square foot storage shelter in perimeter.

4. it is evident that potential land use impacts can result from the development of wirelesstelecommunications facilities, particularly visual clutter.

5. The proposal is not the least intrusive design and in the least intrusive location for improvingcoverage along the Firestone Corridor.

6. The microwave dish antenna does not visually contribute to the pole’s narrow vertical alignment.

7. The proposal will not contribute to the Firestone Corridor beautification by enhancing the visualenvironment of South Gate’s vehicular corridors.

8. Notice for the Planning Commission hearing was published in the “Wave” on February 8, 2019and mailed to surrounding properties and property owners on February 7. 2019.


1. The subject application is detrimental to the public health. safety. and welfare oradversely affect property values or the present and future development of the surroundingarea with the incorporation of the conditions of approval.

2. Policy 5 of Community Design- Firestone Corridor of the General Plan states thefollowing: “New development should step down in height to the existing single txmilyneighborhoods, or employ other techniques to bLfjer Gorridor uses from adjacentresidential areas.” The applicant has not demonstrated to staffthat the proposed locationis the least visually intrusive location possible.

3. Policy 5 of Community Design- Objective 5.1 of the General Plan states the following:“Utility areas and mechanical equipment to he designed in such a way that it does notdetractfrom the ciesihetic appeal qfthe district.” The proposal does not include adequatevisual measures to mitigate impacts along Firestone Boulevard and Madison Avenue.

The proposed design and configuration of the monopalm is not compatible andharmonious to the surrounding facilities that exist on site. The microwave antenna doesnot visually contribute to the pole’s narrow vertical alignment.

4. Policy 2 of Community Design- Objective 7.3 of the General Plan states the following:‘Derelopment of retail and entertainment along Firestone Boulevard. Policy 2 slatesthat (he (‘ity should pursue major retail and entertainment uses for the FirestoneBoulevard area to include theatres, major shopping centers, and other uses that hai’e aregional draw The proposal will not allow for future development of the corridor asVerizon Wireless is planning a thirty year lease with the property owner.

5. Policy 7 of Community Design- Objective 6.1 of the General Plan states the following:Iconic, high quality urban design and architecture should be pursuedwith newprojectsin all the Districts in order to improve the aesthetics ofthe Citj’. “The proposed 60 foothigh monopaim imitation tree with antenna structures attached does not meet a highquality urban design and aesthetic standard.

6. The proposed telecommunications facility is Categorically Exempt under Class 3 (NewConstruction or Conversion of Small Structures) Section 15303(c) of the CaliforniaEnvironmental Quality Act. Class 3 consists of construction and location of limitednumbers of new, small facilities or structures; installation of small equipment andfacilities in small structures; and the conversion ofexisting small structures from one useto another where only minor modifications are made in the exterior of the structure.

(blank)

so

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City ofSouth Gate, pursuant to the facts, noted above, does hereby deny Conditional Use Permit No. 833, toallow Verizon Wireless to construct an unmanned telecommunications facility consisting of a 60 footmonopaim with (12) panel antennas at top, (12) RRUS, (3) raycaps, (3) hybrid cables, (I) diesel DCstandby generator, (1) GPS antennas, (2) MCE cabinets, and (1) MW at 8912 Madison Ave.

This denial was adopted by the following vote at the Planning Commission meeting of February 21 ‘,

2019

AYES: Chairperson Delgado, Vice Chairperson Hurtado, Commissioners Masushige and Velasquez

NOES:

ABSENT:

NOT VOTING: Commissioner Perez

DENIED and ADOPTED this 21” of February, 2019.

Joe rez /7SecretaryCity Planning Commission

APPRO D:

Jose De 115ChairpersonCity Planning Commission

j5 INFRASTRUCTURE

March 4, 2019 ‘7a Hand Delivery and Email(cavalos(sogate.or2J

Ms. Carmen Avalos, City ClerkCity Clerks OfficeCity of South Gate8650 California AvenueSouth Gate, CA 90280

RE: Appeal of City Planning Commission Denial of Conditional Use Permit No. 833 at 8912Madison Ave (Verizon Wireless telecommunications facility)

Ms. Avalos:

This letter is submitted on behalfofVerizon Wireless (Verizon) and appeals the City Planning Commission’s denialofConditional Use Permit (CUP) No. 833 for a wireless telecommunications facility to be installed at 8912 MadisonAvenue in South Gate.

The City sent written notice to Verizon on February 27, 2019 that the CUP application for the facility was deniedby the City Planning Commission. Verizon has not yet been provided a copy of the final signed PlanningCommission Resolution No. 2019-01. Verizon reserves the ability to supplement or modi1,’ its appeal on this matterafter the signed Resolution is received.

Further, to the extent any appeal hearing with the City Council occurs after March 7,2019, Verizon asserts and doesnot waive its rights under the Federal Communications Commission (FCC) “Shot Clock” regulations that CUP No.833 for the subject wireless telecommunications facility shall be automatically approved under federal and State lawon March 8,2019.

The current bases for Verizon’s appeal of the Planning Commission’s denial decision are:

Public Health and Safety—Finding No. 1 in draft Resolution No.2019-01 is not supported by substantial evidence,or any evidence. The well-disguised telecommunications facility with a ground-level footprint of only about 250square feet, which facility blends in with many existing tall undisguised utility facilities and many tall trees(including tall palm trees installed by the City in the median for Firestone Boulevard adjacent to the site) will notadversely affect public health, safety, welfare or property values as claimed. Rather, the Verizon facility will enhancepublic safety through improving E91 1 capabilities, as well as general public communications services andcapabilities, in the area. Telecommunications networks are recognized to be integral to the use of the 911emergency systems. As of 2011, the Federal Communications Commission (“FCC”) found that about 70%of all Emergency 911 calls originated from wireless devices, and that percentage will continue to increase.(FCC Consumer and Governmental Affairs Bureau, Wireless 911 Services Fact Sheet (originally issued Feb.1, 2011) (updated version found at https://transition.fcc.gov/cgb/consumerfacts/wireless9llsrvc.pdf)).

ASA (Alternative Site Analysis) - Finding No. 2 in draft Resolution No. 2019-01 is not supported by substantialevidence, or any evidence. The September 27, 2018 Alternative Site Analysis (ASA) submitted to the City byVerizon for this project explained that (1) no colocation opportunities existed within the search ring (including withinthe church steeple across the street), (2) no lease opportunities existed at the shopping center across the street due tothe lack of owner interest, and (3) the surrounding small lot residential and commercial properties were notconducive to siting a wireless facility due to lack of adequate surface space, and due to setback requirements. Further,no buildings in the area and search ring are of adequate height to support a roof-mounted and concealed facility thatcould achieve a coverage footprint comparable to the proposed wireless facility.

ATTACHMENT F

The detailed ASA that Verizon submitted to the City of South Gate is not discussed in the draft Resolution, and thecontents of the ASA were never analyzed, disputed or addressed by City Staff. The Resolution makes a blanketstatement the site is not the least intrusive option without providing any analysis of an alternative location or designthat would supposedly be a less intrusive option.

Least Intrusive Design- Finding Nos. 3 and 5 in draft Resolution No. 2019-01 are not supported by substantialevidence, or any evidence. Verizon proposes to install a well-designed disguised facility that will serve the needs ofthe community, and that conceals antennas and equipment. Multiple attempts were made by Verizon to work withthe City of South Gate Planning Department staff on different design options they would consider acceptable andthe least intrusive with the planner ofrecord for this Telecommunication Facility. No feedback was given to Verizonfor any possible alternative designs that would be acceptable to the City staff. The feedback from the City plannerof record was the Director will not recommend approval of the site regardless of the design submitted. Section332(c)(7)(B)(i)(1) of the Telecommunication Act prevents local governments from discriminating amongproviders of functionally equivalent services. The owner of the subject property currently hosts Verizon’scompetitor, T-Mobile, at on the church property and in the church steeple across the street. By not working with theapplicant on acceptable design options, the City of South Gate is unfairly discriminating against Verizon byprohibiting it from providing equivalent wireless communications service as its competitors.

Claimed Visual Impacts- Finding Nos. 3 and 5 in draft Resolution No. 2019-01 are not supported by substantialevidence, or any evidence. The draft Resolution wrongly claims, without support, that Verizon’s well-designed anddisguised facility detracts from the aesthetic appeal of the area and does not meet the City’s urban design andaesthetic standard, especially as to the microwave antenna. This is not true. The proposed facility will blend in withthe tall palm trees (including the many tall palm trees planted by the City in the center median for FirestoneBoulevard and adjacent to the site) and other trees in the area. Further, the disguised Verizon facility will be muchless visible than the many exposed and undisguised tall utility poles (some with exposed transformer cylinders) andlines that are highly visible along adjacent Firestone Boulevard and the surrounding area. (There is no known planor source of significant funding to underground these utility poles and lines.) Also, the adjacent Firestone Boulevardcommercial corridor has many highly visible tall light poles and commercial signs. In addition, there is a row ofverytall and highly visible steel electrical transmission towers (at about 125 feet high) that are located I street south ofVerizon’s proposed fcility. Accordingly, Verizon’s facility will not contribute to visual clutter or visual impacts inthe area.

The microwave antenna for the facility is only four (4) feet in diameter on an about two-foot diameter faux treetrunk. That microwave antenna will be painted to match the foliage of the tree. (See Sheet A-3.0, Note 13, of thezoning drawings submitted to the City for the facility.)

Further, the City does not identify and apply any aesthetic requirements for the proposed facility design that arereasonable, are no more burdensome than those applied to other types of infrastructure deployments, and areobjective in that they incorporate clearly-defined and ascertainable standards that are published in advance.Rather, the City aesthetic standards used to deny the project are vague and ambiguous. The City’s generalaesthetic standards referred to in the draft Resolution therefore are inconsistent with new standards forwireless facilities zoning decisions and network deployment efforts that were recently established by theFederal Communications Commission (FCC) as part of its Declaratory Ruling and Third Report and Order(FCC 18-133) dated September 26, 2018 (September 2018 FCC Ruling).

Community Desi2n Policy CD-Objection CD7.3-Re-Development of Firestone Corridor- Finding No. 4 indraft Resolution No. 2019-01 is not supported by substantial evidence, or any evidence. The draft Resolution assertsthat the facility application should be denied due to potential redevelopment options for other uses on this parcel.The redevelopment goal is aspirational, but there are no known formal plans or submittals for any redevelopmentproject in the area, and the City has not identified any such plans. Also, this property is owned by the CatholicDiocese and stands a very little chance of being redeveloped into the uses described in the draft Resolution for the“Firestone Corridor”. Based on discussions with Church representatives, the Church has no plans to sell the propertyand the Parish Hail site is an integral part of the Church’s operations. This site is a good location for a wirelessfacility to provide 4G/5G service capabilities for the urban residential communities and commercial corridor

• Page 2

adjacent to Firestone Boulevard as it stands very little chance of ever being redeveloped. Claims of potentialredevelopment of the property are speculative and unsupported.

Improper Conditions of Approval — Many Conditions of Approval contained in the alternate draft ResolutionNo. 2019-01 to approve CUP No. 833 that was presented to the Planning Commission are improper and must beremoved from any approval decision by the City.

The improper Conditions ofApproval are:

• General Reciuirement No. 11 (graffiti removal) — Verizon will remove graffiti on its facilities andequipment, not on the entire property, within a reasonable time after notice or knowledge of the graffiti.The requirement in this Condition No. 11 to remove graffiti within 24 hours (with or without notice fromthe City) is unreasonable, burdensome and unrealistic. The Condition needs to be modified to state areasonable time for graffiti removal, such as 10 days. Code Enforcement Requirement No. 30 also needsto be modified to state that graffiti shall be removed within 10 days.

• Planning Requirement No. 1 (facility approval by the Director) --This Condition needs to be clarified thatthe Director will approve Verizon’s facility and equipment that is installed or constructed substantially inaccordance with the approved plans and Site Plan.

• Planning Requirements Nos. 3, 4, 5, 6. 7, 9. 19. 21, and 24 (various property improvements) — TheseConditions are unreasonable and burdensome; they do not have a required nexus and rough proportionalityto Verizon’s proposed operations. Verizon will have an unmanned public utility facility with a very limitedfootprint on the property. It will not generate traffic, parking or other impacts related to these attemptedConditions.

• Planning Requirement No. 11 (facility removal) — The requirement in Condition No. 11 for Verizon toremove its facility within 45 days after any Lease termination is unreasonable, burdensome and unrealistic.This Condition needs to be modified to state a reasonable time of 120 days for facility removal after anyLease termination.

• Planning Requirement No. 23 (annual inspections) — The requirement in Condition No. 23 for Verizon toperform annual maintenance and repair inspections is unreasonable, burdensome and unrealistic. Thefacilities will be constructed consistent with all applicable codes and regulations. Further, Verizon willinspect its facilities regularly (about once per month on average) for maintenance purposes. Further annualinspections are not necessary.

• Building/Safety Requirements Nos. 35. 36 and 37 (various property improvements) — These Conditionsare unreasonable and burdensome; they do not have a required nexus and rough proportionality toVerizon’s limited proposed operations. Verizon will have an unmanned public utility facility with a verylimited footprint on the property. It will not generate traffic, parking or other impacts related to theattempted Conditions.

The City Planning Commission draft Resolution lacked substantial evidence for the stated findings of denialas discussed in detail above, and the denial of the project will violate Federal law in that it constitutes aprohibition of service in violation of 47 U.S.C section 332(c)(7)(B)(i)(1). The September 2018 FCC Rulingdetermined that an effective prohibition of service occurs “where a state or local legal requirement materiallyinhibits a provider’s ability to engage in any of a variety of activities related to its provision of a coveredservice. This test is met not only when filling a coverage gap but also when densifying a wireless network,introducing new services or otherwise improving service capabilities.” “Thus, an effective prohibition

• Page 3

includes materially inhibiting additional services or improving existing services.” (September 2018 FCCRuling ¶37, pages 17-18.)

Verizon has also demonstrated that the proposed site is the least intrusive option and the wireless facility will fill asignificant gap in its coverage that will allow Verizon to provide equivalent service as their competitors in the area,The well-disguised facility complies with City zoning codes and regulations, including as to height with no variancesneeded. Consequently, Verizon’s facility application must be approved under Federal law. (T-Mobile (ISA,Inc. v. City ofAnacorles (9th Cir. 2009) 572 F.3d 987, 990, 995-999; MetroPC’S, Inc. v. City and County ofSan Francisco (9th Cir. 2005) 400 F.3d 715, 731 and 734.)

Verizon respectfully requests the City Council grant Verizon’s appeal, overturn the Planning Commission denialdecision based on Findings 1-5 of draft Resolution No. 2019-01, remove or modif’ the improper Conditions ofApproval for CUP No. 833 as discussed in this letter above, and approve CUP No. 833 with proper conditions.

Please include this letter as part of the administrative record for Verizon’s project application. Thank you.

Sincerely,

Bryce Novak] Sr Ste Acquisition & Zoning SpecistM (619) 672-2066 E bnovaktj5ip.com I wwj5ip.com

‘i5 LNRSTRYSTP

Copies:

Jessica Jimenez (via email)Jim Phit (via email)

• Page4

verizon”

March 5, 2019 Via Email Ojily

City of South GatePlanning DivisionJessica C. Jirnenez, Assistant Planner8650 California AvenueSouth Gate, CA 90280

Re: Verizon Wireless Telecommunications Facility to be Located at 8912 MadisonAvenue, South Gate CA; Conditional Use Permit No. 833.

Ms. Jinienez:

This letter relates to the proposed Verizon Wireless (Verizon) telecommunications facility to belocated at 8912 Madison Avenue, South Gate CA, under City Conditional Use Pennit No. 833.

The proposed Verizon facility is identified as “State Street” on the attached coverage maps and inthis letter. State Street is both a coverage and a capacity site,

The Coverage Gap in Verizon’s Area Network.

Verizon has identified a deficiency in its wireless services network coverage in the denseresidential communities and commercial corridor adjacent to Firestone Boulevard neal’ theproposed State Street site. The deficiency in networic cellular services was identified based onmodeled propagation maps.

As shown on the attached coverage maps, cellular signals from the neighboring Verizon sitesWalnut Park (to the west) and South Gate (to the cast) do not provide adequate or reliable coveragecapabilities in the urban residential communities and commercial corridor adjacent to FirestoneBoulevard. (See Attachment 1, attached coverage maps.) Ihe poor signal quality in this denseurban area of Verizon’s network degrades the user experience with resulting poor voice quality,slow data processing speeds, unreliable network access or connectivity, and frequent connectiondrops. The Verizon State Street project was strategically placed to resolve these coveragedeficiencies and to improve network reliability for Verizon customers in the area.

Locating the State Street facility where it is currently proposed (at 8912 Madison Avenue) willalso provide Verizoii with the needed ability to “hand-off” or transition its area network radiofrequency (RF) signal for customers traveling on the road network between the Walnut Park andSouth Gate facilities to the west and east.

Installation of the State Street site therefore will substantially improve network coverage and callreliability by providing LTE voice, data and Emergency 911 services for area customers. The

1

ATTACHMENT G

verizon’

proposed State Street site will improve the wireless signal level and quality as required to fill alarge part of the coverage gap between other network sites in the area.

The green color on the attached maps represents higher signal strength with the correspondingpotential for high-speed in-building wireless coverage (presuming that adequate network capacityalso exists in the area.) Yellow represents reduced and marginal wireless signal strength withreduced data processing speeds. And gray represents very low signal strength with no in-buildingor in-car signal penetration, and little data processing capability. The slightest amount of signalattenuation or reduction in this gray power range will cause a connection drop. Signal strengthsrepresented by yellow and gray on the coverage maps does not meet Verizon’s network coverageobjectives, which is to provide high-speed in-building wireless coverage capabilities in thecoverage footprint area.

To achieve required coverage levels and a signal footprint for quality wireless service in the urbanresidential communities and commercial corridor adjacent to Firestone Boulevard, the State Streetantenna structure needs to have a height of at least sixty (60) feet. This height will assist Verizonin filling the coverage gap in the area network, and will achieve the goal of less call failures(including for emergency services) and better voice quality for the area customers. This facilityheight is necessary to overcome many obstructions in an urban environment, such as a densebuilding grid and mature vegetation growth, and to project an appropriate coverage footprint forthe area.

The Capacity Gap in Verizon’s Area Network.

Verizon has also identified a deficiency in its wireless services network capacity in the denseresidential communities and commercial corridor adjacent to Firestone Boulevard. Verizon utilizessophisticated software programs that use current usage trends to forecast future capacity needs fornetwork sites and subareas. Because it usually takes an average of (1-3) years to permit andconstruct a cell site project, Verizon tries to start the pennitting process some years in advance toensure the new cell site is in place before a nearby existing ccli site hits Capacity limits.

Wireless service “capacity” is the need for more wireless resources. “At capacity” means that awireless cell site has exhausted all of its resources to reliably support voice calls aid data usage.Wireless cell sites have a limited amount of resources to handle voice calls, data connections, anddata volume. When these limits are reached, user experience quickly degrades. The degradationaffects voice quality and data speeds. This could mean customers may no longer be able tomake/receive calls, or be able to browse the internet. It could also mean that webpages will bevery slow to download.

Increased demand for voice and data services in the area around the intersection of FirestoneBoulevard and Madison Avenue will outstrip the capacity of adjacent sites such as Walnut Park

2

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and South Gate in 2019. The area requires a dominant signal provided by a site (Stale Street) thatcan provide a strong signal above the average noise and interference levels.

Attachment 2, page 1, shows the best serving sectors currently in the area. Each color represcntsan area where a sector is the dominant server, This means that a particular sector has the bestsignal level and quality in the area amongst any adjacent sectors. The area surrounding the StateStreet site is currently being served by a combination of a nwnber of surrounding Verizon networksites. There really isn’t a dominant server. Due to the building and vegetation in the area the useris forced to communicate with the surrounding sites, resulting in network capacity stresses.

Attachment 2, page 2, demonstrates the improvement to network capacity (and coverage) afterthe addition of the State Street facility. Not only does State Street become the dominant server inthe area, but it also offloads the capacity stressed sites of Walnut Park and South Gate.

The top graph on Attachment 3 shows capacity at the Walnut Park site is currently being reachedfrequently, so customers/users already have degraded service near that facility. The chart showsthe data processing baseline demand for Walnut Park is steadily growing and is expected to spikeabove the “capacity” line more frequently beginning later this year. Service in the area around theWalnut Park site currently is poor due to experienced dropped calls and slow data processingspeeds, and will get worse if the proposed State Street site is not installed and the Walnut Parkfacility breaches capacity limits as forecast later in 2019. Installation of the State Street sitetherefore will substantially improve voice quality/reliability and data delivery speeds for areacustomers.

The bottom graph on Attachment 3 shows capacity at the South Gate site is also currently beingreached frequently, so customers/users already have degraded service near that facility, similar toaround Walnut Park.

FCC guidelines limit increasing power to neighboring sites to improve coverage; furthermore,there are physical power limitations on the equipment deployed at neighboring sites. Therefore,the power of the antennas at nearby Vemizon sites cannot be increased to cover the gap around theproposed State Street facility.

Due to significant existing network demand, and building density and mature vegetation in thearea, the proposed State Street site will provide the required signal level and quality to effectivelyoffload the capacity stresses experienced by the neighboring network facilities, which arc currentlysignificantly stressed and near the breaking point in their capacity limits.

Currently, the existing Verizon network facilities Walnut Park and South Gate near the proposedState Street site are experiencing data processing capacity stresses and degradation due to existingcustomer demand levels. Customers/users in the area around the proposed State Street site havedegraded service now. There are currently excessive amounts of dropped calls, slow data

3

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processing speeds, and general service degradation in the area served by those sites. The StateStreet site is needed now to offload the existing and forecasted capacity stresses for the other twonearby Verizon facilities. Installation of the Slate Street site is therefore necessary to avoidbreaching Verizon network system capacity limits in the area. If those capacity limits werebreached, then it would result in very poor and ineffective system operations. The State Streetfacility will substantially improve data delivery speeds and voice quality/reliability for Verizoncustomers in the area.

No Feasible Alternative Network Design (Small Cell Program).

A small cell program in the area would not be adequate or feasible to address Verizon’s networkcoverage and capacity needs at a reasonable cost or timely manner. Small cell programs involvethe attachment of smaller antenna facilities on utility poles or similar structures, and connectingfiber optic cable from each such attachment to a macro site such as the existing Walnut Park orSouth Gate sites in the area to enable the transfer of customer data.

Small cell technology is not a feasible alternative to the proposed State Street site because it wouldnot provide the same effective coverage footprint as the proposed State Street facility, and it wouldbe significantly more expensive to develop and install than the proposed facility. About 12 to 15small cell attachments would need to be installed in the area to try to roughly duplicate the cellularcoverage footprint of the proposed State Street facility, But, even then, any small cell prgrani willhave a low height for possible antenna attachments on area utility poles because thetelecommunications attachments must be at least 15 feet below the lowest electrical and telephonewires. At these low heights, the small cell antennas would not have the about 52 foot “line ofsight” necessary to meet signal coverage objectives in the area, or to achieve adequate network RFsignal penetration in the dense urban environment comparable to the signal penetration from theproposed State Street site.

Also, the small cell facilities have less in building penetration for the RF signal compared to amacro site such as the proposed State Street facility. In building signal penetration is a keyobjective for filling the substantial coverage gap in the area. Further, the construction costs toinstall 12-15 small cell attachments (including extending trenched fiber optic cable from eachattachment in the public right-of-way back to a macro site) around the State Street location will hemany times more expensive than the construction costs for the State Street facility. In addition,each small cell installation would need to he separately permitted, as would the constructiontrenching and installation in the right-of-way for all of the connected fiber optic cables. Thesepermitting obligations have collective additional costs and time impacts for a small cell programthat are above and beyond those for a macro site.

4

verizon’

Emergency 911 Services.

As more of our voice calls move from CDMA to LIE technology, maintaining good LIE coveragebecomes more important for E911. CDMA is Verizon’s 30 technology mostly used for voicecalling and small data usage. LTE is 40 technology focusing more on highspeed data transferand, more recently, voice calling. Better call quality and voice calling in the near future wUlprimarily he made using LTE. Also, upcoming cell phones will start being released as LTE-only.

If an area has poor or no LIE coverage, the likelihood of placing an E91 1 call is greatly impacted.The user would likely experience call issues such as dropped cal Is and audio gaps and may evenresult in not being able to make a call. During emergencies, where multiple users need to make acall, the network would be clogged due to the lack of resources unless improved network coverageis achieved. Verizon makes it a priority to ensure our customers have reliable access to make callsduring any type of emergency.

Telecommunications networks are recognized to be integral to the use of the 911 emergencysystems. As of 2011, the Federal Communications Commission (“FCC”) found that about 70% ofall Emergency 911 calls originated from wireless devices, and that percentage will continue toincrease. (FCC Consumer and Governmental Affairs Bureau, Wireless 911 Services Fact Sheet(originally issued Feb. 1, 2011) (updated version found athttps://transition.fcc.gov/cgb/consumerfacts/wireless9 11 srvc.pdf). One of the main reasons thatmany people own a wireless phone is the ability to call E91 1 for help in an emergency.

Conclusion.

The State Street site is strategically placed to provide improved signal coverage for Verizon’s areanetwork, which will benefit area customers with stronger wireless signal conditions, greaternetwork capacity, fewer dropped calls, more reliable network connectivity, better voice quality,and faster data processing speeds.

As a RF Design Engineer and system performance engineer with a Bachelor’s of Science degreein Computer Science from North Carolina A&T State University, I have spent over ten (10) yearsworking in various Southern California markets, including mostly in Los Angeles and San DiegoCounties, as well as in North Carolina arid South Carolina, where I designed and analyzed sitingconsiderations for about 500 telecommunications facility sites.

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After analyzing area network performance data and coverage plots, it is my professional judgmentthat the cuii’ent location and design of the Verizon State Street facility is vital for improving thenetwork reliability in service and performance in the area.

Sincerely

Fanukh Qazi

RF Design EngineerVerizon Wireless

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G D B Gatzke Dillon & Ballance LLL A W 1 R S

March 8, 2019Via Email([email protected])

Ms. Carmen Avalos, City ClerkCity Clerk’s OfficeCity of South Gate8650 California AvenueSouth Gate, CA 90280

RE: Notification of Deemed Approved Status Under Government Code Section65964.1 for Conditional Use Permit No. 833 at 8912 Madison Ave (VerizonWireless Telecommunications Facility)

Ms. Avalos:

Our office represents Verizon Wireless (Verizon) regarding the disguised unmannedwireless telecommunications facility (Facility) to be located at 8912 Madison Avenue in the Cityof South Gate (Property) related to Conditional Use Permit (CUP) No. 833.

The Facility application was filed with the City of South Gate (City) on October 8, 2018.Verizon’s unmanned disguised Facility will use only a small fraction of the ground space of thedeveloped Property, will be disguised to mimic the look of a palm tree and blend in with manyother trees in the area, and will not generate any new traffic trips to the Property. The Facility isneeded to improve and densify wireless services, and to fill a significant gap in coverage andcapacity for area vehicle users, residents and businesses. Despite these qualities related to theFacility, the City processing effort for this minor project has exceeded the applicable timeframesfor planning review.

Consequently, for the reasons stated in this letter below, Verizon provides notice to theCity that the application for the Facility is deemed approved under Government Code section65964.1. Verizon looks forward to receiving written confirmation from the City Planning Divisionthat the Facility CUP No. 833 is approved (with modified conditions discussed below), and thatthe City will timely process Verizon’s building permit application and will issue a building permitfor the Facility within 10 days of the date of this letter.

A. Verizon’s Proposed Unmanned Disguised Facility.

General information about Verizon’s proposed unmanned and disguised Facility is:

272. T 5D.3 1 .D- gdandb.coln.a::o:ma 920 F ,6CJl.c5l2

ATTACHMENT H 72.

G D Gatzke :ion & Ballance LLPLA WYRS

Ms. Carmen Avalos, City ClerkMarch 8, 2019Page 2

• The disguised Facility will blend in with the tall palm trees (including the many tall palm treesplanted by the City in the center median for Firestone Boulevard and adjacent to the site) andother trees in the area. (Exhibit 1, photosims; see Exhibit 2, area photos.)

• Further, the disguised Verizon facility will be much less visible than the many exposed andundisguised tall utility poles (some with exposed transformer cylinders) and lines that are highlyvisible along adjacent Firestone Boulevard and the surrounding area. (See Exhibit 2.) (There isno known plan or source of significant funding to underground these utility poles and lines.)

• Also, the adjacent Firestone Boulevard commercial corridor has many highly visible tall lightpoles and commercial signs. In addition, there is a row of very tall and highly visible steelelectrical transmission towers (at about 125 feet high) that are located 1 street south ofVerizon’ sproposed facility. Accordingly, Verizon’s facility will not contribute to visual clutter or visualimpacts in the area. (See Exhibit 2.)

• The microwave antenna for the facility is only four (4) feet in diameter on an about two-footdiameter faux tree trunk. That microwave antenna will be painted to match the foliage of thetree. (See Sheet A-3.0, Note 13, of the zoning drawings submitted to the City for the facility.)

• The 246 square foot enclosure footprint for the Facility is only a fraction of the size of theabout 15,000 square-foot Property.

• The 60-foot high Facility complies with the height limit for the zone.

• The City agrees that the Facility qualifies for an exemption from CEQA review underCEQA Guidelines section 15303’. (In addition, the exemption under CEQA Guidelinessection 15303 allows utility extensions to serve the new construction. (CEQA Guidelines§l5303(d).) This means that above-ground, undisguised telephone or electrical poles,with exposed lines, are also covered under the exemption.)

The City of San Diego recently properly used the categorical exemption under (‘EQA Guidelines section 15303 fora faux eucalyptus telecommunications facility to be installed in a dedicated City park and near a natural preserve area.See Don’i Cell Our Parks v. City ofSan Diego (J erizon Wireless, Real Party in Interest) (2018) 21 Cal.App.5th 338,358-363. The disguised facility there complied with the maximum height limit for the zone, blended in with othermature trees in the area, and had a small footprint compared to the size of the parcel where it was to be located. Further,the exemption under CEQA Guidelines section 15303 was recently properly used for a three-story (nearly forty feethigh) building that was over 11,000 square feet in size. See Protect Telegraph Hill V. City and County ofSan Francisco(2017) 16 Cal.App.5th 261, 264 and 266.

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G D 1 & Ballance LLP1) LA’iYRS


• The unmanned Facility will generate one maintenance trip to the site only every one to twomonths on average. This is effectively a zero ADT generation rate for the Facility.

B. The City’s Processing Time For Verizon’s Facility Application Has Exceeded The FCCShot Clock Limits, And Has Been Unreasonably Burdensome.

The City’s permit processing effort here has exceeded the Shot Clock2 time period of 150 daysas mandated by the Federal Communications Commission (FCC). The simple Facility applicationfor the minimal footprint project was filed on October 8,2018.

The City acknowledged in its Agenda Bill for the February 21, 2019 Special Meeting of theCity Planning Commission regarding the Facility that the Facility permit will be “automaticallyapproved under federal law” if final City action is not taken by March 7, 2019.

Verizon’s March 4, 2019 timely and proper appeal3 of the City Planning Commission’s denialmeans that final action by the City has not been taken on the Facility permit application by March7,2019. City Code Chapter 11.50, sections 11.50.030 I and K state that the Planning Commission’spermit decision is final unless an appeal is timely filed. “Filing a timely appeal stays the decisionof the planning commission until the city council renders a decision on appeal . . . .“ (City CodeChapter 11.50, section 11.50.030.K.)

C. Verizon’s Facility Is Deemed Approved Under Government Code Section 65964.1.

Based on the expiration of the Shot Clock and the extensive information discussed in thisletter, the City has failed to approve the Facility application within a reasonable period of timeunder the FCC Shot Clock rules. Accordingly, a reasonable period of time has lapsed and Verizonnotifies the City that the Facility application is deemed approved under Government Codesection 65964.1 (a)(3)(A).

CUP No. 833 is deemed approved and a building permit for the Facility should be issuedby the City to Verizon within 10 days of the date of this letter. Please have the City PlanningDivision confirm in writing to me that the City will accept Verizon’s application for a buildingpermit for the Facility as early as March 11,2019.

2 FCC Declaratory Ruling, 24 FCC Rcd 13994 (2009), upheld in City ofArlington v. Federal CommunicationsCommission, 668 F.3d 229 (5th Cir. 2012).

The City’s February 27, 2019 letter to Verizon notif’ing it of the Planning Commission’s denial decision stated thatVerizon’s appeal period expires on March 12, 2019. Verizon therefore filed its appeal only three (3) business daysafter receipt of written notification of permit denial from the City, and eight (8) days early.

74

G D Gatzke Dillon & Ballance LLPL A vi 7 R S

Ms. Carmen Avalos. City ClerkMarch 8, 2019Page 4

D. Some Conditions Of Approval For The Facility Proposed By The City Are Improperand Must be Removed or Modified.

Many Conditions of Approval contained in the alternate draft Resolution No. 2019-01 toapprove CUP No. 833 that was presented to the Planning Commission are improper and must beremoved from any deemed approved permit or CUP No. 833 issued by the City.

The improper Conditions of Approval for CUP No. 833 are:

• General Requirement No. 11 (graffiti removal) — Verizon will remove graffiti on its facilitiesand equipment, not on the entire property, within a reasonable time after notice or knowledgeof the graffiti. The requirement in this Condition No. 11 to remove graffiti within 24 hours (withor without notice from the City) is unreasonable, burdensome and unrealistic. The Conditionneeds to be modified to state a reasonable time for graffiti removal, such as 10 days. CodeEnforcement Requirement No. 30 also needs to be modified to state that graffiti shall beremoved within 10 days.

• Planning Requirement No. 1 (facility approval by the Director) — This Condition needs to beclarified that the Director will approve Verizon’ s facility and equipment that is installed orconstructed substantially in accordance with the approved plans and Site Plan.

• Planning Requirements Nos. 3,4, 5. 6, 7, 9, 19, 21, and 24 (various property improvements) —

These Conditions are unreasonable and burdensome; they do not have a required nexus andrough proportionality to Verizon’s proposed operations. Verizon will have an unmanned publicutility facility with a very limited footprint on the property. It will not generate traffic, parkingor other impacts related to these attempted Conditions.

• Planning Requirement No. 11 (facility removal) — The requirement in Condition No. 11 forVerizon to remove its facility within 45 days after any Lease termination is unreasonable,burdensome and unrealistic. This Condition needs to be modified to state a reasonable time of120 days for facility removal after any Lease termination.

• Planning Requirement No. 23 (annual inspections) — The requirement in Condition No. 23 forVerizon to perform annual maintenance and repair inspections is unreasonable, burdensome andunrealistic. The facilities will be constructed consistent with all applicable codes and regulations.Further, Verizon will inspect its facilities regularly (about once per month on average) formaintenance purposes. Further annual inspections are not necessary.

• Building/Safety Requirements Nos. 35, 36 and 37 (various property improvements) — TheseConditions are unreasonable and burdensome; they do not have a required nexus and rough

G D Gatzke Zi11on & Ballance LLPLAW YRS


proportionality to Verizon’s limited proposed operations. Verizon will have an unmannedpublic utility facility with a very limited footprint on the property. It will not generate traffic,parking or other impacts related to the attempted Conditions.

Failure to remove or modify the above-identified Conditions from the any deemed approvedpermit or CUP No. 833 issued by the City for the Facility will impair the feasibility of the State Streetsite. This will cause an effective prohibition of Verizon’s provision of personal mobile servicesunder 47 U.S.C. section 332 (c)(7)(B)((i)(II).

E. Verizon’s Facility Is Consistent With National, State And City Policies To PromoteThe Development Of Wireless Communications Networks Within The City.

Approval of Verizon’s proposed disguised unmanned Facility is consistent with many lawsand policies that promote the rapid and broad development of wireless communications networks,including:

• As of 2011, the Federal Communications Commission (“FCC”) found that about 70% ofall E911 calls originated from wireless devices, and that percentage will continue toincrease.4 One of the main reasons that many people own a wireless phone is the ability tocall 911 for help in an emergency.

• The FCC determined that the volume of consumer data transmissions utilizing carriers’national mobile networks will increase by almost 800% between 2013 and 2018. Thegrowing consumer capacity demands demonstrate the importance of wireless broadbandcommunications networks to the U.S.’s economic growth, global competitiveness, andcivic life.6

• A U.S. Department of Health and Human Services report published by the Centers forDisease Control and Prevention (CDC) found, as of 2015, that 48.3% of U.S. homes hadonly wireless telephones, up from 30% in 2010. Further, Latino adults, African Americanadults, and low income adults are more likely than other adult groups to be living in homeswith only wireless telephones.8

FCC Consumer and Governmental Affairs Bureau, Wireless 911 Services Fact Sheet (originally issued Feb. 1,2011) (updated version found at https://transition.tc. tov/cgb/consumerfacts!wireiess9 I I srvc.pdf).

FCC Report and Order No. 14-153 (October 21, 2014) page 4, note 6.6 FCC Report and Order No. 14-153 (October 21, 2014) page 4, note 8.

CDC, Wireless Substitution: Early Release of Estimates from the National Health Interview Survey, July-December2015 (released May 2016, httI3s://www.cdc.gov/nchs/data/nhis/earlyrelease/wireless20 1605 .pdf).

https://www.cdc.gov/nchs/data/nhis/earlyrelease/wireless20 I 605.pdf, pp. 6-7 and Table 2.

r a:ie Dillon & Z Zzz LLP‘ ‘‘ “ L A W Y B R


According to the City demographic data on its “About South Gate” webpage, Data &Demographics, Population, the City has a large number of Hispanic or Latino residents(about 95% total). As noted above, this community would be disproportionately andadversely affected by inadequate telecommunications service caused by delays in needednetwork expansion as sought by Verizon.

• The State Legislature stated that the timely deployment of wireless telecommunicationsfacility networks has a significant beneficial economic impact in California. (GovernmentCode section 65964.1(c)).

F. Verizon’s Facility Fills A Significant Gap In Coverage And Capacity, And Was SitedIn The Least Intrusive Means.

1. Significant Gap in Coverage and Capacity to be Addressed by the Facility.

The Facility improves and densifies wireless services, and fills a large gap in coverage andcapacity in the residential area and commercial corridor around the intersection of FirestoneBoulevard and Madison Avenue in South Gate. Verizon’s RF engineer’s letter dated March 5,2019, which is attached as Exhibit 3, explains in detail that the Facility is needed to fill asignificant gap in coverage and to relieve significant network stresses due to other nearby existingsites (Walnut Park and South Gate) that are frequently operating at capacity, and will reach fullcapacity (and fail) later in 2019. Those network capacity stresses cause lack of voice coverage andconnectivity, dropped calls and lack of call reliability, and slow data processing speeds.

In addition to the surrounding dense residential areas and business corridor, the area streetsegments are also provided substantially improved voice and data services by the Facility. TheCity’s own data states that traffic volumes along Firestone Boulevard near the site “range from34,867 to 44,745 vehicles per day along the corridor .. . .“ (City Agenda Bill for the RegularMeeting of February 28, 2017, regarding the Firestone Boulevard Regional Corridor CapacityEnhancement Project, page 2.) These road segments, and the related significant traffic trips onthem, are not currently provided with adequate coverage and data processing capacity as part ofVerizon’s area network, but will be once the Facility is installed.

2. The Facility was Sited in the Least Intrusive Means.

Verizon reviewed a reasonable range of alternative sites within the limited search ring forthe Facility. The September 27,2018 Alternative Site Analysis (ASA) submitted to the City by Verizonfor this project explained that (1) no colocation opportunities existed within the search ring (includingwithin the church steeple across the street), (2) no lease opportunities existed at the shopping centeracross the street due to the lack of owner interest, and (3) the surrounding small lot residential and

77

G D R Ga::ke Zon & E :r:L A W Y E R


commercial properties were not conducive to siting a wireless facility due to lack of adequate surfacespace, and due to setback requirements. Further, no buildings in the area and search ring are of adequateheight to support a roof-mounted and concealed facility that could achieve a coverage footprintcomparable to the proposed wireless facility. Based on this analysis, no feasible alternative locationswere found for leasing or were adequate to place a disguised facility to fill the coverage andcapacity gaps in the area, except for the selected Facility location.

In addition, multiple attempts were made by Verizon to work with the City of South GatePlanning Department staff on different design options they would consider acceptable and the leastintrusive with the planner of record for this Telecommunication Facility. No feedback was given toVerizon for any possible alternative designs that would be acceptable to the City staff. The feedbackfrom the City planner of record was the Director will not recommend approval of the site regardless ofthe design submitted.

G. Failure Of The City To Timely Approve CUP No. 833 And To Issue All ApplicablePermits For Verizon’s Facility Will Constitute An Effective Prohibition Of Service.

If the City fails to approve CUP No. 833 and to issue building permits for the Facilitywithin 10 days of the date of this letter, then the City’s failure to act will constitute a prohibitionof service in violation of 47 U.S.C section 332(c)(7)(B)(v). The FCC, as part of its DeclaratoryRuling and Third Report and Order (FCC 18-133) dated September 26, 2018 (September 2018FCC Ruling) determined that both zoning permits construction permits were covered by theShot Clock rules. (September 2018 FCC Ruling ¶133, pages 69-70.)

Further, the September 2018 FCC Ruling determined that an effective prohibition ofservice occurs “where a state or local legal requirement materially inhibits a provider’s ability toengage in any of a variety of activities related to its provision of a covered service. This test is metnot only when filling a coverage gap but also when densifying a wireless network, introducingnew services or otherwise improving service capabilities.” “Thus, an effective prohibition includesmaterially inhibiting additional services or improving existing services.” (September 2018 FCCRuling ¶37, pages 17-18.)

Verizon has also demonstrated that the proposed site is the least intrusive option and the wirelessfacility will fill a significant gap in its coverage that will allow Verizon to provide equivalent service astheir competitors in the area. The well-disguised facility complies with City zoning codes andregulations, including as to height with no variances needed. Consequently, Verizon’s facilityapplication must be approved under Federal law. (T-l’vIob lie USA, Inc. v. City ofAnacortes (9thCir. 2009) 572 F.3d 987, 990, 995-999; MetroPCS, Inc. v. City and County ofSan Francisco (9t

Cir. 2005) 400 F.3d 715, 731 and 734.)

-1)

G D Gaz Dillon & Ballance LLPA W Y R

Ms. Carmen Avalos, City ClerkMarch 8,2019Page 8

* * * * *

Based on the reasonable application of the FCC Shot Clock rules and Government Codesection 65964.1 (a)(3)(A), and for the reasons provided above. Verizon looks forward to receivingwritten confirmation from the City Planning Division that the Facility CUP No. 833 is approved(with modified conditions discussed above), and that the City will timely process Verizon’sbuilding permit application and will issue a building permit for the Facility within 10 days of thedate of this letter.

Please have the City Planning Division confirm in writing to me that the City will acceptVerizon’s application for a building permit for the Facility as early as March 11, 2019.

Please contact me if you have any questions about this letter. Thank you.

Sincerely,

/ /

kLaiL (? i

Kevin P. Sullivan, Esq.PartnerGatzke Dillon and Ballance LLP

KPS/jec

Copies (all via email):

Joe PerezJessica JimenezEthan Rogers, Esq.Daisy Uy KimpangSaul PanduroJim PhitBryce NovakCameron DanchoCraig Hardwick, Esq.Jerry Ruiz, Esq.

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March 5, 2019 Via Email Only

City of South GatePlanning DivisionJessica C. Jimenez, Assistant Planner8650 California AvenueSouth Gate, CA 90280

Re: Verizon Wireless Telecommunications Facility to be Located at 8912 MadisonAvenue, South Gate CA; Conditional Use Permit No. 833.

Ms. Jimenez:

This letter relates to the proposed Verizon Wireless (Verizon) telecommunications facility to belocated at 8912 Madison Avenue, South Gate CA, under City Conditional Use Permit No. 833.

The proposed Verizon facility is identified as “State Street” on the attached coverage maps and inthis letter. State Street is both a coverage and a capacity site.

The Coverage Gap in Verizon’s Area Network.

Verizon has identified a deficiency in its wireless services network coverage in the denseresidential communities and commercial corridor adjacent to Firestone Boulevard near theproposed State Street site. The deficiency in networic cellular services was identified based onmodeled propagation maps.

As shown on the attached coverage maps, cellular igna1s from the neighboring Verizon sitesWalnut Park (to the west) and South Gate (to the east) do not provide adequate or reliable coveragecapabilities in the urban residential communities and commercial corridor adjacent to FirestoneBoulevard. (See Attachment 1, attached coverage maps.) The poor signal quality in this denseurban area of Verizon’s network degrades the user experience with resulting poor voice quality,slow data processing speeds, unreliable network access or connectivity, and frequent connectiondrops. The Verizon State Street project was strategically placed to resolve these coveragedeficiencies and to improve network reliability for Verizon customers in the area.

Locating the State Street facility where it is currently proposed (at 8912 Madison Avenue) willalso provide Verizon with the needed ability to “hand-off’ or transition its area network radiofrequency (RF) signal for customers traveling on the road network between the Walnut Park andSouth Gate facilities to the west and east.

Installation of the State Street site therefore will substantially improve network coverage and callreliability by providing LTE voice, data and Emergency 911 services for area customers. The

I

verizon

proposed State Street site will improve the wireless signal level and quality as required to liii alarge part of the coverage gap between other network sites in the area.

The green color on the attached maps represents higher signal strength with the correspondingpotential for high-speed in-building wireless coverage (presuming that adequate network capacityalso exists in the area.) Yellow represents reduced and marginal wireless signal strength withreduced data processing speeds. And gray represents very low signal strength with no in-buildingor in-car signal penetration, and little data processing capability. The slightest amount of signalattenuation or reduction in this gray power range will cause a connection drop. Signal strengthsrepresented by yellow and gray on the coverage maps does not meet Verizon’s network coverageobjectives, which is to provide high-speed in-building wireless coverage capabilities in thecoverage footprint area.

To achieve required coverage levels and a signal footprint for quality wireless service in the urbanresidential communities and commercial corridor adjacent to Firestone Boulevard, the State Streetantenna structure needs to have a height of at least sixty (60) feet. ‘This height will assist Verizonin filling the coverage gap in the area network, and will achieve the goal of less call failures(including for emergency services) and better voice quality for the area customers. This facilityheight is necessary to overcome many obstructions in an urban environment, such as a densebuilding grid and mature vegetation growth, and to project an appropriate coverage footprint forthe area.

The Capacity Gap in Verizon’s Area Network.

Verizon has also identified a deficiency in its wireless services network capacity in the denseresidential communities and commercial corridor adjacent to Firestone Boulevard. Verizon utilizessophisticated software programs that use current usage trends to forecast ftmture capacity needs fornetwork sites and subareas. Because it usually takes an average of (1-3) years to permit andconstruct a cell site project, Verizon tries to start the permitting process some years in advance toensure the new cell site is in place before a nearby existing cell site hits capacity limits.

Wireless service “capacity’ is the need for more wireless resources. “At capacity” means that awireless cell site has exhausted all of its resources to reliably support voice calls and data usage.Wireless cell sites have a limited amount of resources to handle voice calls, data connections, anddata volume. When these limits are reached, user experience quicidy degrades. Uhe degradationaffects voice quality and data speeds. This could mean customers may no longer he able tomake/receive calls, or he able to browse the internet. It could also mean that webpages will bevery slow to download.

Increased demand for voice and data services in the area around the intersection of FirestoneBoulevard and Madison Avenue will outstrip the capacity of adjacent sites such as Walnut Park

2

1r)2

verizon”

and South Gate in 2019. The area requires a dominant signal provided by a site (State Street) that

can provide a strong signal above the average noise and interference levels.

Attachment 2, page 1, shows the best serving sectors currently in the area. Each color representsan area where a sector is the dominant server. This means that a particular sector has the bestsignal level and quality in the area amongst any adjacent sectors. The area surrounding the StateStreet site is currently being served by a combination of a number of surrounding Verizon networksites. There really isn’t a dominant server. Due to the building and vegetation in the area the useris forced to communicate with the surrounding sites, resulting in network capacity stresses.

Attachment 2, page 2, demonstrates the improvement to network capacity (and coverage) after

the addition of the State Street facility. Not only does State Street become the dominant server inthe area, but it also offloads the capacity stressed sites of Walnut Park and South Gate.

The top graph on Attachment 3 shows capacity at the Walnut Park site is currently being reachedfrequently, so customers/users already have degraded service near that facility. The chart showsthe data processing baseline demand for Walnut Park is steadily growing and is expected to spikeabove the “capacity” line more frequently beginning later this year. Service in the area around theWalnut Park site currently is poor due to experienced dropped calls and slow data processing

speeds, and will get worse if the proposed State Street site is not installed and the Walnut Parkfacility breaches capacity limits as forecast later in 2019. In.stallation of the State Street sitetherefore will substantially improve voice quality/reliability and data delivery speeds for areacustomers.

The bottom graph on Attachment 3 shows capacity at the South Gate site is also currently being

reached frequently, so customers/users already have degraded service near that facility, similar toaround Walnut Park.

FCC guidelines limit increasing power to neighboring sites to improve coverage; furthermore,

there are physical power limitations on the equipment deployed at neighboring sites. Therefore.the power of the antennas at nearby Verizon sites cannot be increased to cover the gap around theproposed State Street facility.

Due to significant existing network demand, and building density and mature vegetation in the

area, the proposed State Street site will provide the required signal level and quality to effectively

offload the capacity stresses experienced by the neighboring network facilities, which arc currently

significantly stressed and near the breaking point in their capacity limits.

Currently, the existing Verizon network facilities Walnut Park and South Gate near the proposed

State Street site are experiencing data processing capacity stresses and degradation due to existing

customer demand levels. Customers/users in the area around the proposed State Street site havedegraded service now. There are currently excessive amounts of dropped calls, slow data

3

verizon1

processing speeds, and general service degradation in the area served by those sites. The StateStreet site is needed now to oftload the existing arid forecasted capacity stresses for the other twonearby Verizon facilities. Installation of the State Street site is therefore necessary to avoidbreaching Verizon network system capacity limits in the area. If those capacity limits werebreached, then it would result in very poor and ineffective system operations. The State Streetfacility will substantially improve data delivery speeds and voice quality/reliability for Verizoncustomers in the area.

No Feasible Alternative Network Design (Small Ccli Program).

A spall cell program in the area would not be adequate or feasible to address Verizon’ s networkcoérage and capacity needs at a reasonable cost or timely manner. Small cell programs involvethe attachment of smaller antenna facilities on utility poles or similar structures, and connectingfiber optic cable from each such attachment to a macro site such as the existing Walnut Park orSoUth Gate sites in the area to enable the transfer of customer data.

Small cell technology is not a feasible alternative to the proposed State Street site because it wouldnot provide the same effective coverage footprint as the proposed State Street facility, and it wouldbe significantly more expensive to develop and install than the proposed facility. About 12 to 15small cell attachments would need to he installed in the area to try to roughly duplicate the cellularcoverage footprint of the proposed State Street facility. But, even then, any small cell program willhave a low height for possible antenna attachments on area utility poles because thetelecommunications attachments must be at least 15 feet below the lowest electrical and telephonewiies. At these low heights, the small cell antennas would not have the about 52 foot “line ofsight” necessary to meet signal coverage objectives in the area, or to achieve adequate network RFsignal penetration in the dense urban enviromnent comparable to the signal penetration from theproposed State Street site.

Also, the small cell facilities have less in building penetration for the RF signal compared to amacro site such as the proposed State Street facility, in building signal penetration is a keyobjective for filling the substantial coverage gap in the area. Further, the construction costs toinstall 1215 small cell attachments (including cxtending trenched fiber optic cable from each

attachment in the public right-of-way back to a macro site) around the State Street location will bemany times more expensive than the construction costs for the State Street facility. In addition,

each small cell installation would need to be separately permitted, as would the constructiontrenching and installation in the right-of-way for all of the connected fiber optic cables. Thesepermitting obligations have collective additional costs and time impacts for a small cell programthat are above and beyond those for a macro site.

4

Los

verizon”

Emergency 911 Services.

As more of our voice calls move from CDMA to LIE technology, maintaining good LTE coveragebecomes more important for E91 1. CDMA is Verizon’s 30 technology mostly used for voicecalling and small data usage. LTE is 4G technology focusing more on high-speed data transferand, more recently, voice calling. Better call quality and voice calling in the near future willprimarily he made using L1E. Also, upcoming cell phones will start being released as LTE-only.

If an area has poor or no LTE coverage, the likelihood of placing an E91 I call is greatly impacted.The user would likely experience call issues such as dropped calls and audio gaps and may evenresult in not being able to make a call. During emergencies, where multiple users need to make acall, the network would be clogged due to the lack of resources unless improved network coverageis achieved. Verizon makes it a priority to ensure our customers have reliable access to make callsduring any type of emergency.

Telecommunications networks are recognized to be integral to the use of the 911 emergencysystems. As of 2011, the Federal Communications Commission (“FCC”) found that about 70% ofall Emergency 911 calls originated from wireless devices, and that percentage will continue toincrease. (FCC Consumer and Governmental Affairs Bureau, Wireless 911 Services Fact Sheet(originally issued Feb. 1, 2011) (updated version found athttps://transition.fcc.gov/cgh/consumerfacts/wirelcss9 11 srvc.pdf). One of the main reasons thatmany people own a wireless phone is the ability to call E91 I for help in an emergency.

Conclusion.

The State Street site is strategically placed to provide improved signal coverage for Verizon’s areanetwork, which will benefit area customers with stronger wireless signal conditions, greaternetwork capacity, fewer dropped calls, more reliable network connectivity, better voice quality,and faster data processing speeds.

As a RF Design Engineer and system performance engineer with a Bachelor’s of Science degreein Computer Science l±om North Carolina A&T State University, I have spent over ten (10) yearsworking in various Southern California markets, including mostly in Los Angeles and San DiegoCounties, as well as in North Carolina amid South Carolina, where I designed and analyzed sitingconsiderations for about 500 telecommunications facility sites.

5

ID

verizon

Afier analyzing area network performance data and coverage plots, it is my professional judgmentthat the current location and design of the Verizon State Street facility is vital for improving thenetwork reliability in service and perfonnance in the area.

Sincerely,

Farrukh Qazi

RF Design EngineerVerizon Wireless

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G D F atzke Dillon & BallanceL J 1 R

March 18, 2019Via Email Only(cavalos(ásogate.org)

Ms. Carmen Avalos, City ClerkCity Clerk’s OfficeCity of South Gate8650 California AvenueSouth Gate, CA 90280

RE: Verizon Wireless Appeal of City Planning Commission Denial of Conditional UsePermit No. 833 to be Located at 8912 Madison Avenue, South Gate.

Ms. Avalos:

This letter responds to the March 12, 2019 letter from Craig D. Hardwick, Esq. (outsidecounsel for the City of South Gate), regarding the above-referenced zoning permit matter for theVerizon Wireless (Verizon) disguised and unmanned wireless telecommunications facility(Facility) to be located at 8912 Madison Avenue in the City of South Gate (Property) related toConditional Use Permit (CUP) No. 833.

Verizon fully reserves, and does not waive, its rights and arguments discussed in my March8, 2019 letter to the City on this matter relating to the deemed approved nature of CUP No. 833under Government Code section 65964.1. Nonetheless, Verizon will attend and participate in theMarch 26, 2019 City Council appeal hearing on this matter. Verizon is respectful of the City’sappeal process. Verizon also looks forward to presenting the significant new information andevidence about the Facility for the City Council’s consideration, which information and evidencewas not before the City Planning Commission at its February 21, 2019 Special Meeting on theFacility application.

The letters submitted on Verizon’s behalf in this matter dated March 8, 2019 (by me) andMarch 4, 2019 (by J5 Infrastructure Partners) provide the bases for Verizon’s appeal.

Verizon appreciates the opportunity to present to the City Council its well-designed andunmanned Facility, which will be disguised to mimic the look of a palm tree and blend in withmany other trees in the area, at the March 26 appeal hearing

2752 r.ewr:i ?cac T 75C.41.,5Oi:-92D F 75C ci.c512

gdandD.co.

ATTACHMENT ( 1)

G D Ga• Dillon & BaZz LLPLAWYZS


Please include this letter as part of the administrative record for Verizon’s Facilityapplication. Also, please contact me if you have any questions about this letter. Thank you.

Sincerely,

)Kevin P. Sullivan, Esq.PartnerGatzke Dillon and Ballance LLP

KPS/jec

Copies (all via email):

Joe PerezJessica JimenezCraig Hardwick, Esq.Jerry Ruiz, Esq.Ethan Rogers, Esq.Mike Farraher, Esq.Saul PanduroJim Phit.Bryce NovakCameron Dancho

Location Map for 8912 Madison Avenue

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NOTICE OF EXEMPTION

TO: County Clerk/Registrar-Recorder FROM: Planning DepartmentCounty of Los Angeles City of South GateEnvironmental Filings 8650 California Avenue12400 E. Imperial Hwy., Rm 2001 South Gate, CA 90280-3075

Norwalk, CA 90650

Project Title and Location (including county):Conditional Use Permit No. 8338912 Madison Aye, South Gate, Los Angeles, CA

Project Description:Conditional Use Permit No. 833 is a request by J5 Infrastructure Partners., on behalf of Verizon Wireless,to construct a new telecommunications facility consisting of a 60 foot monopalm with (12) panelsantennas, (12) RRU’s, (3) raycaps, (3) hybrid cables, (1) diesel DC standby generator, (1) GPS antenna,(3) MCE cabinets, and (1) microwave dish antenna at 8912 Madison Ave.

Name of Public Agency Approving Project:City of South Gate - Community Development Department

Name of PersonlAgency Carrying Out Project:Joe Perez, Community Development Director

Exempt Status: (Check one)

LI Ministerial (Sec. 21080 (b) (1); 15268);

LI Declared Emergency (Sec. 21080 (b) (3); 15269(a));

LI Emergency Project (Sec. 21080 (b) (4); 15269(b) (c));

LI Emergency Project (Sec. 21080 (b) (4); 15269(b) (c));

Categorical Exemption: Section: 15303 Class: 3

LI Statutory Exemption: Section:

_____

Class:

_____

Reasons why project is exempt:The project has been deemed Categorically Exempt under Class 3 (New Construction or Conversion ofSmall Structures) Section 15303 of the California Environmental Quality Act. Class 3 consists ofconstruction and location of limited numbers of new, small facilities or structures; installation of small

equipment and facilities in small structures; and the conversion of existing small structures from one use

to another where only minor modifications are made in the exterior of the structure.

Lead Agency Contact Person and Phone Number:Jessica Jimenez, Assistant [email protected]

Prepared and filed by the South Gate Community Development Department by:

Jessica Jimenez, Assistant Planner

ig ture Printed Name and Title Date

ATTACHMENT N

PUBLIC NOTICECITY OF SOUTH GATE

CITY COUNCIL

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the City Council of the City of South Gate will hold a public hearing on

Conditional Use Permit No. 833

DATE OF HEARING: Tuesday March 26, 2019

TIME OF HEARING: 6:30 pm

LOCATION OF HEARING: City Hall Council Chamber, City of South Gate

8650 California AvenueSouth Gate, California

PROJECT LOCATiON: 8912 Madison Aye, South Gate, CA 90280

PROJECT DESCRIPTION: Construct an unmanned telecommunications facility consisting of a 60 foot

monopaim with (12) panel antennas, (12) RRU’s, (3) raycaps, (3) hybrid cables, (1) diesel DC standby

generator, (1) GPS antenna, (3) MCE cabinets, and (1) microwave dish antenna at 8912 Madison

Ave.

ENVIRONMENTAL REVIEW: This project is Categorically Exempt under Class I Existing Facilities

Section 15301 of the California Environmental Quality Act. Class I consists of the operation, repair,

maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures,

facilities, mechanical equipment, or topographical features, involving negligible or no expansion ofuse beyond

that existing at the time of the lead agency’s determination.

INVITATION TO BE HEARD: All interested persons are invited to the public hearing to be heard in favor

of or in opposition to the proposed project or to provide comments. In addition, written comments may be

submitted to the Community Development Department prior to the hearing. Ifyou challenge the action taken

on this proposal in court, you may be limited to raising only those issues you or someone else raised at the

public hearing, described in this Notice, or in written correspondence delivered to the City of South Gate prior

to or at the public hearing.

Those desiring a copy of the staff report or further information related to this project should contact:

CARMEN AVALOS, City Clerk

ESPANOLInformación en Español acerca de esta junta puede ser obtenida liamando al 323-563-9514.

Mailed: March 14, 2019

A1hren1- n

RECEVED Item No. 5MAR 13 2019 city ofSouth Gate

CITY OF SOUTH GATE CiTY COUNCILOFFICE

1B3]ITL4]LFor the Regular Meeting of March 26, 2019

Originating Department: Community Development A In i_ -

Department Director: 9g %3z City Manager: ,/-.c ‘<cJoe Per Mw ae Flad

SUBJECT: ORDINANCE REPEALING INTERIM URGENCY ORDINANCE NOS. 2336AND 2338 AND ADDING NEW CHAPTER 11.43 (ACCESSORY DWELLING UNITSAND ACCESSORY STRUCTURES), TO THE MUNICIPAL CODE

PURPOSE: After conclusion of the public hearing on March 12, 2019, the City Councilintroduced Ordinance No. 2360 regarding Accessory Dwelling Units that will permanentlyreplace Interim Urgency Ordinance Nos. 2336 and 2338 (which is scheduled to expire on April24, 2019) and comply with State law. When adopting the Urgency Ordinances, the City Councildirected staff to study and develop permanent regulations that may be adopted prior to the April24, 2019 expiration date. Unless the City adopts a permanent ADU Ordinance, the City will haveno effective ordinance addressing ADUs. Without a permanent Ordinance in place, ADUapplications will be processed by default under State regulations, resulting in a loss of Cityauthority to process and apply standards for new ADUs.

RECOMMENDED ACTION: Waive the reading in full and adopt Ordinance No. 2360repealing Interim Ordinance Nos. 2336 and 2338 in their entirety and adding new Chapter 11.43(Accessory Dwelling Units and Accessory Structures), to Title 11 (Zoning), of the South GateMunicipal Code.


ALIGNMENT WITH CITY COUNCIL GOALS: The adoption of the proposed Ordinancesupports the goal of creating and protecting strong and sustainable neighborhoods by enablingthe City to apply standards and processes for the development of Accessory Dwelling Units inthe City’s residential neighborhoods.

PUBLIC NOTIFICATION: Advertising and notification of the public hearing for this itemwas conducted in compliance with Chapter 11.42, Title 11 of the South Gate Municipal Code. Alegal notice was published in the “Los Angeles Wave” newspaper on February 14, 2019.

ENVIRONMENTAL EVALUATION: Adoption of the proposed Ordinance is exempt fromthe California Environmental Quality Act of 1970 (“CEQA”), as amended, pursuant to PublicResources Code Section 21080.17, which provides that CEQA “does not apply to the adoption ofan Ordinance by a city or county to implement the provisions of Sections 65852.1 or 65852.2 of

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the Government Code.” The proposed Ordinance is recommended for adoption to implementchanges in Government Code Section 65852.2, and thus is exempt from CEQA’s environmentalreview requirements.

ANALYSIS: Effective January 1, 2017, the California state legislature adopted GovermnentCode Section 65852.2, which made sweeping changes to state law regarding “accessory dwellingunits” (formerly known as “second dwelling units”). Among other things, it required ministerialapproval of applications for permits to construct alternative dwelling units, subject to certainspecified conditions. Government Code Section 65852.2 effectively rendered void the City’sthen-existing ordinance regarding applications for permits to construct accessory dwelling units,which called for discretionary approval rather than ministerial approval.

In response, the City Council, at its regularly scheduled meeting of April 25, 2017, adoptedUrgency Ordinance No. 2336 to establish interim approval standards with respect to applicationsfor alternative dwelling unit permits, and to identify procedures for ministerial approval ofaccessory dwelling units within the City, all as necessary to cause the City’s process forapproving those applications to comply with Government Code Section 65852.2. InterimUrgency Ordinance No. 2336 was scheduled to expire on June 9, 2017, unless extended.Pursuant to Government Code Section 65858(b), the City Council was entitled to enact anextension to that Interim Urgency Ordinance in order to extend that Ordinance an additional 22months and fifteen days. On May 23, 2017, the City Council adopted Interim UrgencyOrdinance No. 2338, which extended Interim Urgency Ordinance No. 2336 through andincluding April 24, 2019. Furthermore, the City Council directed staff to study and developpermanent regulations that maybe adopted prior to the April 24, 2019 expiration date.

In the intervening months, we have studied the degree to which those Interim UrgencyOrdinances were effective in increasing the supply of housing in the City without adverselyaffecting the City’s other obligations and responsibilities to its residents. We have concludedthat those Interim Urgency Ordinances have worked well, but could be modified slightly toimprove their effectiveness. Accordingly, the proposed ordinance has been prepared. Theredlined copy of the Ordinance Summary of Changes is attached hereto as Attachment B toindicate the manner in which it differs from the earlier Interim Urgency Ordinances. AttachmentC also shows a summary of changes comparing the new ADU regulations with the prior originalzoning regulations for Second Dwelling Units/Granny Flats. The new ADU Ordinance willcompletely replace the prior code.

The Proposed Ordinance is substantially the same as the Interim Urgency Ordinances andprovides clean-up language designed to clarify the City’s ADU regulations. Provided below arekey provisions in the proposed Ordinance:

Minimum Lot Requirements• An ADU must be located within the Neighborhood Low (i.e. single-family) Zone.• An ADU must be located on a lot that is equal to or larger than 6,000 square feet (unless

the ADU is located entirely within the Main Dwelling).• Only one ADU may exist on a lot.

Size oJADU• An ADU, whether attached, detached, or a part of the Main Dwelling will not have a

gross floor area greater than six-hundred-forty (640) square feet or 30% of the area of themain structure, whichever is less.

• An ADU will contain no more than one bedroom.

Unit Size• An ADU shall not be less than two-hundred-forty (240) square feet in size or the

minimum size for an efficiency unit.

Lot Coverage• The Main Dwelling and the ADU, together with all other structures, shall not exceed a

total lot coverage of forty-five (45%) percent.

Location ofNew Construction• An ADU constructed apart from the Main Dwelling and not within an existing garage

that is to be converted to residential use, must be located outside of all required setbacksand in the rear one-half of the lot.

Parking• One parking space will be provided per ADU and may be provided as tandem parking,

including on an existing driveway or in setback areas, but excluding the non-drivewayfront yard setback.

• ADUs are exempt from parking standards if the ADU is:o Part of the existing Main Dwelling unit or an existing accessory structure that is

not being removed to accommodate the ADU;o Located within one-half mile of a public transit stop;o Located within a historic district;o Located within an area where on-street parking permits are required but not

offered to the occupant of the secondary unit; oro Located within one block of a dedicated car share space.

Replacement Parking• When a garage, carport, or covered parking structure is demolished or converted in

conjunction with the construction of an ADU, replacement parking will be required andmay be located in any configuration on the same lot as the ADU (except that replacementspaces are not allowed within the non-driveway front yard setback).

• Replacement spaces will be provided on the same lot as the ADU. The number ofreplacement spaces will be no fewer than the spaces that were removed.

• The minimum dimensions for any replacement spaces will be 10 feet by 20 feet.• Parking spaces are required to be maintained in good order and repair and clear of all

vegetation, equipment, trash, debris.

Utilities• Separate utility connections are not required for ADUs contained within an existing Main

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Dwelling or existing accessory units.• All other ADUs, including new ADU structures, are required to have new and separate

utility connections.

Ownership• An ADU must be under the same ownership as the remainder of the lot.• An ADU may not be partitioned from the Main Dwelling or sold/transferred separately

from the Main Dwelling.

Continuous Owner Occupancy• Property owner must occupy either the ADU or Main Dwelling.• One of the two dwelling units maybe rented for a period of not less than thirty (30) days.

Revocation ofPermit• The circumstances and process for the revocation of an ADU permit are included in the

proposed Ordinance.

Survey of Surrounding Cities

Many cities nearby and statewide have adopted permanent ADU Ordinances or are also in theprocess of adopting permanent Ordinances with urgency Ordinances in place (see a survey ofnearby cities (attached). Most of these Ordinances have similar regulations for designated areasand zoning standards to help address issues of potential impacts of new housing development toadjacent lots and neighborhoods, street parking, and traffic. Similar to South Gate’s proposedOrdinance, the surveyed cities for example: show zone restrictions to R- 1 only; minimum lotsizes ranging from 5,000 to 10,000 square feet; and maximum ADU sizes ranging from 500square feet to 1,500 square feet.

South Gate Eligible ADU Properties

There are a total of 3,101 properties in the City that are eligible for ADUs based on the criteria inthe Ordinance for properties 6,000 square feet or larger in the Neighborhood Low zone (See Mapin Attachment G). There are a total of 12,306 properties in the City that are zoned NeighborhoodLow, therefore the 3,101 represents 25% of all Neighborhood Low zoned properties. There are atotal of 16,583 residential properties in the City, therefore the 3,101 represents 19% of allresidential properties in the City.

ADUs Approved and Built

Since the approval of the Urgency Ordinance in 2017, the City has received 109 ADUapplications, with 60 applications approved for zoning, 40 building permits issued, 27 underconstruction, and 13 ADUs completed construction. This shows a strong interest in ADUs in thecity and that the current regulations as proposed are providing adequate ability for residents toadd significant numbers of ADUs in the city now and in the future.There continues to be new proposed State legislation affecting ADUs that could affect cities’ability to regulate local approvals. Many bills introduced last year did not get approved, however

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there are at least three recently introduced bills being considered that could potentially affect thecities’ ordinances. Any new legislation approved would then be addressed at a future time withany zoning amendments as necessary.

Planning Commission Review

On February 21, 2019, the Planning Commission conducted a public hearing and adoptedResolution No. 2019-02 (attached), recommending that the City Council adopt the proposedADU Ordinance with the following changes:

Minimum Lot Requirements (Section 11.43.030(I)(2): Reduce the minimum lot sizefor an attachedldetached ADU from 6.000 square feet to 5.000 square feet. This increasewould significantly increase the number of lots eligible for an ADU, the extent of whichwill be discussed later in this report. The Commission considered testimony fromresidents who owned lots and contractors who represented property owners with lotssmaller than 6,000 square feet. The Commission also considered the average singlefamily lot size in South Gate, which is approximately 5,763 square feet.

• Gross Floor Area (Section 11.43.030(M)(6)): Increase the maximum size of an ADUfrom 640 square feet or 30% of the main dwelling (whichever is less), to 640 square feetor 50% of the main dwelling (whichever is less). This increase would enable largerADUs to be constructed.

• Continuous Owner Occupancy (Section 11.43.030(H) and 11.43.050(D)): Insert theword “continuous” in sections stating that an ADU may be rented for not less than 30days. The new verbiage would read as follows: “The other dwelling unit may be rentedfor a period of not less than thirty (30) continuous days” and “That any rental of eitherthe Main Dwelling or Accessory Dwelling Unit not occupied by a natural person who isan owner of the subject property or the beneficial interest holder must be for a termlonger than thirty (30) continuous days.”

The Commission also requested that the requirements included in the draft Ordinance proposedby Staff be communicated to the City Council. As a result, the attached draft Ordinance containsStaff’s recommended requirements.

City Council — Request for Additional Information

At its February 26, 2019 meeting, the City Council requested a visual depiction of the number oflots eligible for an ADU with thresholds of 5,000 and 6,000 square feet. Attached are mapsdisplaying the following:

• All 12,306 lots within the Neighborhood Low Zone• The 3,101 lots 6,000 square feet and larger• The 4,584 lots 5,500 square feet and larger• The 6,821 lots 5,000 square feet and larger

The Council also requested information regarding garages converted into living areas. The tablebelow lists various unpermitted conversions since fiscal year 2014/15 through December 2018:

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Table I -Unpermitted Dwellings

StorageSubdividedGarage Improper Patio

Room TotalFiscal YearConversion Occupancy Conversion DelIingConversion

FY2014-15 140 20 1 4 39 204

FY2015-16 118 13 2 4 16 153

FY2016-17 93 22 1 9 19 144

FY2017-18 91 13 0 8 9 121

FY2018-19 37 10 1 3 7 58(July 2018 - Dec 2018)

TOTAL 479 78 5 28 90 680

Table 2 below provides a summary of the types of ADUs that received building permits or werecompleted and finalized by the Building and Safety Division from January 2017 throughFebruary 2019:

Table 2 - Approved ADUs (2017-2019)

Garage W/in MainYear ADU Status . Detached Attached TotalConversion Dwelling

2017 Permits Issued 0 1 0 0 1Completed 3 2 0 1 6

Subtotal 3 3 0 1 7

2018 Permits Issued 8 9 0 1 18Finalized 3 3 1 0 7

Subtotal 11 12 1 1 25

2019 (Jan-Feb) Permits Issued 4 4 0 0 8Finalized 0 0 0 0 0

Subtotal 4 4 0 0 8

TOTAL 2017 - CURRENT

Permits Issued 12 14 0 1 27Finalized 6 5 1 1 13

TOTAL 18 19 1 2 40

BACKGROUND: Following the conclusion of a public hearing on March 12, 2019, the CityCouncil introduced Ordinance No. 2360, which includes Staff’s recomniendation regarding

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minimum lot size and maximum ADU size, as well as the Planning Commission’srecommendation concerning continuous occupancy as follows:

Continuous Owner Occupancy (Section 11.43.030(H) and 11.43.050(D)): Insert the word“continuous” in sections stating that an ADU may be rented for not less than 30 days. The newverbiage would read as follows: “The other dwelling unit may be rented for a period of not lessthan thirty (30) continuous days” and “That any rental of either the Main Dwelling or AccessoryDwelling Unit not occupied by a natural person who is an owner of the subject property or thebeneficial interest holder must be for a term longer than thirty (30) continuous days.”

ATTACHMENT: Ordinance No. 2360

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ORDINANCE NO. 2360


ORDINANCE OF THE CITY COUNCIL OF THE CITY OFSOUTH GATE, CALIFORNIA, REPEALING INTERIM

URGENCY ORDINANCE NOS. 2336 AND 2338 IN THEIRENTIRETY AND ADDING NEW CHPTER 11.43

(ACCESSORY DWELLING UNITS AND ACCESSORYSTRUCTURES), TO TITLE 11 (ZONING), OF THE SOUTH

GATE MUNICIPAL CODE

WHEREAS, effective January 1, 2017, California Government Code Section 65852.2deemed null and void any existing ordinance that fails to provide an approval process that includesonly ministerial provisions for the approval of Accessory Dwelling Units; and

WHEREAS, Government Code Section 65852.2 permits local governments to establishdevelopment standards for ministerial review of Accessory Dwelling Units and directs thatAccessory Dwelling Units be approved subject to state standards when no local standards orprocess for accessory dwellings has been established; and

WHEREAS, Government Code Section 65858 permits cities to adopt interim proceduresand criteria while studying potential permanent processes and zoning standards; and

WHEREAS, on April 25, 2017, the City Council adopted Interim Urgency Ordinance No.2336 for the purpose of regulating Accessory Dwelling Units in the Neighborhood Low residentialzone of the City of South Gate; and

WHEREAS, on May 23, 2017, the City Council adopted Interim Urgency Ordinance No.2338, extending the term of Interim Urgency Ordinance No. 2336 through April 24, 2019; and

WHEREAS, the City Council finds that a permanent Ordinance regulating AccessoryDwelling Units in the Neighborhood Low residential zone of the City of South Gate is necessary forthe public health, welfare and safety and residents, citizens, businesses and visitors of the City ofSouth Gate; and

WHEREAS, the City Council fmds that this permanent Ordinance No. 2360 is consistentwith the City’s General Plan and not in conflict with any applicable specific plan; and

WHEREAS, this permanent Ordinance No. 2360 complies with California Code Section65852.2 that requires cities to establish standards to allow for ministerial approval of AccessoryDwelling Units so as to provide additional rental housing stock as Accessory Dwelling Units as acomponent of the housing supply in California; and

WHEREAS, this permanent Ordinance No. 2360 is largely identical to Interim UrgencyOrdinance No. 2338, except for minor modifications; and

WHEREAS, during the regularly scheduled City Council meeting of February 26, 2019, the

84738755.1 -- L23537

City Council held a duly noticed public hearing to take public testimony and continued the publichearing to the regularly scheduled City Council meeting of March 12, 2019, to consider introducingthis Ordinance;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE DOESHEREBY ORDAIN AS FOLLOWS:

SECTION 1 The City Council hereby repeals interim Urgency Ordinance Nos. 2336 and 2338 intheir entirety.

SECTION 2. The City Council hereby adds new Chapter 11.43 (Accessory Dwelling Unitsand Accessory Structures), to Title ii (Zoning), of the South Gate Municipal Code in its entirety toread as follows:

Title 11 (Zoning)Chapter 11.43 (Accessory Dwelling Units and Accessory Structures)

Sections:11.43.010 Purpose and Intent.11.43.020 Definitions.11.43.030 Accessory Dweffing Unit Requirements.11.43.040 Application Process and Permit Requirements.11.43.050 Recordation of Covenant.11.43.060 Revocation.11.43.070 Hearings and Appeals.11.43.080 Responsible Persons.11.43.090 Declaration of Nuisance; Enforcement.11.43.100 No Authorization to Violate Law.11.43.110 Accessory Structures.

11.43.010 Purpose and Intent.This chapter of the South Gate Municipal Code (the “Chapter”) establishes the standards forpermitting accessory dwelling units (“Accessory Dwelling Units”) within the City of South Gate,formerly known as “second dwelling units” on residential properties in accordance with Section65852.2 as of the California Government Code, as amended and effective January 1, 2017.

11.43.020 Definitions.For purposes of this Chapter the following terms shall have the meanings indicated:

A. “Accessory Dwelling Unit” means an attached or a detached residential dwelling unit thatprovides complete independent living facilities for one or more persons. It shall includepermanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcelas the sing1efamily dwelling is situated. An Accessory Dwelling Unit also includes (i) anefficiency unit, as defined in Section 17958.1 of the Health and Safety Code and (ii) amanufactured home, as defined in Section 18007 of the Health and Safety Code.

B. “Accessory Dwelling Unit Permit” means the formal, written approval, of the CommunityDevelopment Director approving the application for an Accessory Dwelling Unit.

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4738755.1 -- L235.37

C. “Application” means an application for an Accessory Dwelling Unit Permit.

D. “Building Codes” means all of the requirements for authorization for the construction,alteration, improvement, modification, demolition or removal of any structure within theCity of South Gate, including all codes adopted by reference in the Municipal Code,including but not limited to the California Building Code, the California Electrical Code, theCalifornia Plumbing Code, the California Mechanical Code, the California Residential Codeand all local amendments thereto as adopted by the City in the Municipal Code,

E. “Building Permits” means all authorizations and permissions required in accordance with allapplicable Building Codes.

F. “City” means the City of South Gate.

G. “Director” means the Community Development Director of the City of South Gate and all ofhis/her designees.

H. “Existing Structure” for the purposes of defining an allowable space that can be converted toan Accessory Dwelling Unit means within the four wails and roofline of any structureexisting on or after January 1, 2017 that can be made safely habitable under local buildingcodes at the determination of the building official regardless of any non-compliance withzoning standards.

I. “Initiate the Use” means to commence occupying the Accessory Dwelling Unit by personsfor human habitation.

J. “Living Area” means the interior habitable area of a dwelling unit including basements andattics but does not include a garage or any accessory structure.

K. “Lot” shall mean the single legal parcel of real property upon which the Accessory DwellingUnit shall be located.

L. “Main Dwelling” means a lawfully constructed single-family residence existing on the Lotwhere the Accessory Dwelling Unit may be permitted.

M. “Municipal Code” means the Municipal Code of the City of South Gate.

N. “Passageway” means a pathway that is unobstructed clear to the sky and extends from astreet to one entrance of the Accessory Dwelling Unit.

0. Other words and phrases used in this Chapter shall have the same meaning as provided inthe South Gate Municipal Code.

11.43.030 Accessory Dwelling Unit Requirements.A. Location of Accessory Dwelling Units. An Accessory Dwelling Unit for which a valid

Accessory Dwelling Unit Permit has been issued and that is, at all times, maintained,utilized and improved in accordance with this Chapter shall be permitted within the NLZone within the City. The foregoing notwithstanding, Accessory Dwelling Units shall not be

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established or pennitted within a planned community, including but not limited to plannedunit developments and condominium projects, unless Accessory Dwelling Units werespecifically incorporated into the approved project pians and the recorded covenants,conditions and restrictions or other document reflecting the land use restrictions applicableto the development.

B. Compliance with Chapter. No Accessory Dwelling Unit may be constructed, maintained,improved, altered, enlarged, modified, permitted or allowed within the City except asprovided in this Chapter and only in the NL Zone.

C. Residential Use. An Accessory Dwelling Unit shall be used only for residential purposesand no business, enterprise or occupation shall be conducted, permitted or allowed withinthe Accessory Dwelling Unit.

D. Applications for Accessory Dwelling Unit Permit. All applications for an AccessoryDwelling Unit Permit shall be submitted to the Director on the form approved by theDirector, together with all information and documents requested, which shall include scaledand fully dimensioned plans, and elevations for the lot including the proposed AccessoryDwelling Unit, Main Dwelling, any other structures on site, parking, set-backs and entrancesand driveways.

E. Building Permits. Building Permit(s) shall be required for all Accessory Dwelling Units.All existing Building Permits for a proposed Accessory Dwelling Unit shall be submittedwith the Application. In addition, all applications for all Building Permits or otherauthorizations and approvals required for the legal use of the structure where the AccessoryDwelling Unit will be located shall be submitted with the Application, together with allpermit, planning, development or other fees required under the Municipal Code, except asotherwise expressly provided in this Chapter.

F. Design Compatibility. All Accessory Dwelling Units shall be architecturally compatiblewith the Main Dwelling with respect to styling, roofline, window and door treatment,materials, colors, textures, height, scale, and bulk, and shall be compatible with thesurrounding neighborhood.

G. Community Impact. The design and establishment of the Accessory Dwelling Unit shallnot adversely affect the neighborhood with respect to on-street parking demand and use,traffic noise, or other impacts that could result in adverse impacts on public services andresources.

H. Continuous Owner Occupancy. At the time that an application for Accessory DwellingUnit Permit is submitted and at all times thereafter at least one of the dwelling units (MainDwelling or Accessory Dwelling Unit) on the Lot must be occupied by a natural person whoa is lawful owner or beneficial interest holder of a lawful trust holding title to the Lot. Theother dwelling unit may be rented for a period of not less than thirty (30) continuous days.It is the intent of this Chapter that once established, at least of one of the units on the Lotshall be owner occupied. In the event that no such person occupies one of the units on theLot, the Accessory Dwelling Unit may not be occupied or rented and shall be deemed to benon-habitable as provided in Section 11.43.060, in which case all owners and all persons incontrol, management or possession of the Lot shall comply with Section 11.43.060(C).

114738755.1 -- L235.37

I. Minimum Lot Requirements. Accessory Dwelling Units shall only be permitted on legalparcels that meet all the following Lot qualifications:

1. The Lot is located within an NL zone as designated by the South Gate zoning map.

2. The Lot size is equal to or larger than six thousand (6,000) square feet, unless theAccessory Dwelling Unit is located entirely within the Living Area of the existing MainDwelling, in which case the Lot size may be smaller.

3. The Lot has an existing single-family Main Dwelling.

4. The Lot does not have an existing Accessory Dwelling Unit on site. Only one AccessoryDwelling Unit, regardless of size or configuration, may exist on a Lot at any one time.No more than two (2) dwelling units may exist at any time on a Lot contaIning anAccessory Dwelling Unit.

5. When an Accessory Dwelling Unit is to be contained within the existing space of a MainDwelling or accessory structure, it shall have independent exterior access from theexisting residence and the side and rear setbacks shall be sufficient for fire safety,including compliance with all applicable Fire Codes.

J. Applicability of Other Municipal Code Requirements. The Accessory Dwelling Unit,and any other improvements located on the Lot where it is located, shall comply with allapplicable Building Codes and Zoning Code requirements, except as modified expresslyby this Chapter. The foregoing notwithstanding. Accessory Dwelling Units shall not berequired to be equipped with fire sprinklers, unless they are required for the MainDwelling.

K. Density and Use. The existence of an Accessory Dwelling Unit shall not be deemed tocause a Lot to exceed the allowable density for the Lot upon which the AccessoryDwelling Unit is located. An Accessory Dwelling Unit shall be considered a residentialuse consistent with the existing general plan and zoning designation for the Lot.

L. Ownership. An Accessory Dwelling Unit shall, at all times, be held under the sameownership as the remainder of the Lot on which it is located. An Accessory Dwelling Unitmay not be partitioned from the Main Dwelling and may not be sold, transferred or assignedseparately from the Main Dwelling.

M. Development Standards. An Accessory Dwelling Unit shall at all times comply with thefollowing requirements.

1. Development Standards. Except as expressly provided herein, all developmentstandards set forth in the Municipal Code applicable to the Main Dwelling shall beapplicable to all Accessory Dwelling Units.

2. Maximum Occupancy. Occupancy loads of the Accessory Dwelling Unit shall be thesame as applicable to the Main Dwelling pursuant to applicable regulatory requirementsof the Municipal Code or the State of California, including without limitation all

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applicable Building and Fire Codes.

3. Compliance with Building Codes. All construction, alteration, modification,demolition, improvement or other work required to comply with this Chapter, theAccessory Dwelling Unit Permit or any other condition related thereto, shall be incompliance with all applicable Building Codes and shall be completed and finalinspection requested within one-hundred-eighty (180) calendar days after the issuance ofsuch permit, approval or authorization. Upon a request made by the Applicant prior tothe expiration of a permit, approval or authorization and upon good cause having beenshown that the work could not reasonably completed within the said time period, thebuilding official or department issuing such authorization may grant one (1) extension ofno more than one-hundred-eighty (180) days.

4. Utilities. If the Accessory Dwelling Unit is contained within an existing Main Dwelling

-

or an existing accessory structure, has independent exterior access from the existingMain Dwelling, and has side and rear setbacks sufficient for fire safety, then a new orseparate utility connection directly between the Accessory Dwelling Unit and the utilityshall not be required. In all other cases, an Accessory Dwelling Unit shall be equippedwith a new and separate utility connection directly between the Accessory DwellingUnit and the utility. The City shall charge a connection fee or capacity charge, asapplicable to the specific property, that shall be proportionate to the burden of theproposed Accessory Dwelling Unit, based upon either its size or the number ofplumbing fixtures, and upon the water or sewer system, as determined by the Director;provided, however, that the charge shall not exceed the reasonable cost of providing theservice. All newly constructed or installed utilities for the Accessory Dwelling Unitshall be underground and subject to and comply with Municipal Code Section11.30.060.

5. Smoke Detectors. If the Main Dwelling is required to be equipped with functioninghardwired smoke detectors with battery backup, the Accessory Dwelling Unit shall alsobe so equipped.

6. Gross Floor Area. The Accessory Dwelling Unit, whether attached, detached or a partof the Main Dwelling shall not have a gross floor area greater than six-hundred-forty(640) square feet or 30% of the area of the Main Dwelling, whichever is less, and shallcontain no more than one bedroom.

7. Unit Size. The Accessory Dwelling Unit shall not be less than two-hundred-forty(240) square feet in size or the minimum size for an efficiency unit, as defined inCalifornia Health and Safety Code Section 17958.1, whichever is greater.

8. Lot Coverage. The Main Dwelling and the Accessory Dwelling Unit, together withall other structures, shall not exceed a total structural lot coverage of forty-fivepercent (45%).

9. Location of New Construction Setbacks. In the event that the Accessory DwellingUnit is to be constructed separate and apart from the Main Dwelling and not within anexisting garage that is to be converted to residential use, the Accessory Dwelling Unitshall be located outside of all setback requirements set forth in the Municipal Code that

- 134738755.1 -- L235.37

are applicable to the Main Dwelling and shall be located in the rear one-half of the Lot.An existing garage that is converted to an Accessory Dwelling Unit shall not berequired to have any setback, other than the setback that may be required byBuilding or Fire Codes for fire or safety purposes. A newly constructed AccessoryDwelling Unit that is located above a garage shall be located not closer than five (5)feet from the side and rear lot lines. A minimum building separation (eave to eave) often (10) feet shall be maintained between the Main Dwelling and a detached AccessoryDwelling Unit.

10. Height. The Accessory Dwelling Unit shall be no taller than thirty-four (34) feet orthe height of the existing Main Dwelling, whichever is lower, and may not exceedone (1) story unless the existing Main Dwelling has at least two (2) stories.

11. Passageways. No passageway shall be required in conjunction with the constructionof an Accessory Dwelling Unit.

12. Entrance. The Accessory Dwelling Unit shall have a separate entrance from theMain Dwelling that shall not be visible from the front of the Main Dwelling or thepublic right ofway.

13. Parking.A. In addition to the parking requirement in the Municipal Code for the Main Dwelling,

parking shall be provided for the Accessory Dwelling Unit as follows: For unitscontaining one or fewer bedrooms: one (1) space. This parking space, incombination with the other parking spaces required for the Lot, may be provided astandem parking, including on an existing driveway or in setback areas, excluding thenon-driveway front yard setback.

B. When a garage, carport, or covered parking structure is demolished or converted inconjunction with the construction of an Accessory Dwelling Unit, replacementparking shall be required and may be located in any configuration on the same lot asthe Accessory Dwelling Unit, except that replacement parking spaces shall not belocated within the non-driveway front yard setback. Replacement spaces shall beprovided in any configuration on the same Lot as the Accessory Dwelling Unit,including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces,or by the use of mechanical automobile parking lifts. The number of replacementparking spaces shall be no fewer than the spaces that were removed. The minimumdimensions for any replacement parking spaces shall be ten (10) feet by twenty (20)feet. Parking spaces shall be maintained in good order and repair and clear of allvegetation, equipment, trash, debris or any other condition that would prevent orimpede the use of the spaces for parking.

C. The parking requirement for an Accessory Dwelling Unit set forth in this sectionshall not be required in the following instances:

i. The Accessory Dwelling Unit is located within one-half mile of aregularly used public transit stop, depot or station.

ii. The Accessory Dwelling Unit is part of the existing Main Dwelling oran existing accessory structure that is not being removed toaccommodate the Accessory Dwelling Unit.

1447387551 L235.37

iii. The Accessory Dwelling Unit is located within an architecturally andhistorically significant historic district.

iv. When on-street parking permits are required but not offered to theoccupant of the Accessory Dwelling Unit.

v. When there is a car share vehicle located within one block of theAccessory Dwelling Unit.

11.43.040 Application Process and Permit Requirements.A. Processing Application. Within 120 days of receipt of a completed Application, submitted

with all supporting dOcumentation and, if applicable, all fees required for Building Permits,Development and Planning, approvals, authorizations and permissions, in accordance withGovernment Code Sections 66000, et seq., the Director shall issue an Accessory DwellingUnit Permit, ministerially, upon making a determination that the proposed AccessoryDwelling Unit would be in compliance with this Chapter and that all required approvals,permits, authorizations and permissions exist for the lawful use of the Accessory Uses or willbe issued by the appropriate agency or department. If the Director has information orreasonable belief that all such approvals, permits authorization and permissions do not existand will not be issued within a reasonable time, the Director shall deny the Application.

B. Health Official Approval. In the event that that the property is served by a functioningprivate sewage disposal system, any Application for an Accessory Dwelling Unit must beapproved by health official for the City before an Accessory Dwelling Unit Permit may beissued by the Director.

C. Conditions of Approval. The Director may include conditions on the Accessory DwellingUnit Permit that are consistent with this Chapter.

D. Denial of Application. The Director shall deny an Application for an Accessory DwellingUnit Permit upon making a determination that the Requirements of this Chapter have notbeen satisfied and in the event that the Director finds that any of the following conditionsexist or may occur if the application is granted:

1. The Accessory Dwelling Unit would be detrimental to the public health and safety orthat it would unreasonably impact the privacy of the surrounding properties.

2. The Lot or any structure located there upon contains any active violations of theMunicipal Code or other applicable regulation or law, except in the event that suchviolation shall be abated in the course of construction or other activities authorized bypermits or other authorizations or permissions granted by the City.

11.43.050 Recordation of Covenant.Within thirty (30) days of the approval of an Application for an Accessory Dwelling UnitPermit, the owner of the Lot shall record a covenant (“Covenant”) reflecting the obligations,rights and restrictions provided in the Permit and in this Chapter. The Covenant shall “runwith the land” and be binding on the Lot and all owners, lenders, lien holders, occupants andall other persons having an interest or estate in the Lot, now or in the future. The Covenantshall be recorded in the Registrar-Recorder’s Office of Los Angeles County. A copy of theAccessory Dwelling Unit Permit shall be incorporated in or attached to the Covenant and shallbe recorded therewith. A copy of the Covenant shall be filed with the City’s Community

154738755 1 -- L235.37

Development Department. The Covenant shall be in a form approved in writing by the CityAttorney and shall provide the following:

A. That at all times that an Accessory Dwelling Unit is located on the subject Lot a naturalperson who is a lawful owner, or beneficial interest holder of a lawful trust holding titleto the Lot must continuously occupy the Main Dwelling or the Accessory Dwelling Unitas that person’s principal residence.

B. At all times there shall be no more than two (2) residential units on any Lot containingan Accessory Dwelling Unit.

C. That the Accessory Dwelling Unit may not be sold separately from the remainder of theLot and that it shall not be subject to partition or separation from the Lot where theMain Dwelling is located.

D. That any rental of either the Main Dwelling or Accessory Dwelling Unit not occupied by anatural person who is an owner of the subject property or the beneficial interest holder mustbe for a term longer than thirty (30) continuous days.

E. That the Accessory Dwelling Unit Permit for the Lot and each of the terms and conditionsset forth therein bind the Lot and all owners and all beneficial interest holders, lenders,lien holders, occupants and all other persons having an interest or estate in the Lot, nowor in the future.

F. That the use of the Accessory Dwelling Unit is subject to the provisions of this Chapter.

G. That the Accessory Dwelling Unit Permit may be subject to revocation in the event ofbreach of the terms of the Covenant or as otherwise provided in this Chapter.

11.43.060 Revocation.A. The Director may revoke any Accessory Dwelling Unit Permit in the event of any of the

following:

1. Misrepresentation or any false, untrue or inaccurate statement in the Application or anysupporting documentation.

2. Failure to execute and record the Covenant required pursuant to Section 11.43.050.

3. The Accessory Dwelling Unit ceases to be used for human habitation.

4. Failure to initiate the use as authorized under the Accessory Dwelling Unit Permitwithin 180 days, together with any extension authorized by the Director, after fmalinspection of any applicable building permits or the issuance of the Accessory DwellingUnit Permit, whichever is later.

5. The use of the Accessory Dwelling Unit causes detriment or becomes incompatible tothe surrounding homes as a result of the manner in which it is maintained.

6. Parking as required under this Chapter is not provided or maintained.

164738755.1 -- 1235.37

7. Failure to comply with any condition of approval of the Accessory Dwelling UnitPermit.

8. The use of the Accessory Dwelling Unit causes or becomes a nuisance, as defined in theMunicipal Code.

9. If any term or condition of the Covenant is violated.

10. The Accessory Dwelling Unit was not constructed in accordance with the plans andbuildings permits approved by the City that were submitted with the Application for theAccessory Dwelling Unit Permit. This includes the failure to obtain a final inspectionwithin 180 days after the issuance of building permits.

11. Maintenance of the Accessory Dwelling Unit in violation of applicable laws, regulatorycodes or the Municipal Code.

B. Notification of Revocation. The Director shall give written notice of the revocation of theAccessory Dwelling Unit by mail or hand delivery to the property owner and the occupantsof the Main Dwelling and the Accessory Dwelling Unit and by posting a copy of the noticeof revocation at the front entrance to each unit.

C. Effect of Revocation. Within ten (10) days after notice of the revocation is given, humanhabitation of the Accessory Dwelling Unit must cease. The Accessory Dwelling Unit shallthereafter be deemed non-habitable space. Within thirty (30) days after notice of therevocation is given, all electrical, plumbing, kitchen and bathroom facilities, fixtures,equipment and appliances shall be removed. To the extent that removal of any of theforegoing cannot be completed without significant risk to the structural integrity of anystructure upon the Lot, any such facility, equipment, fixture or appliance may, with theconsent of the building official, in lieu of removal, be permanently disabled in place.Provided, further, that any such facility, equipment, fixture or appliance shall not berequired to be removed if they would otherwise be permitted within an accessory structurewithin the NL zone pursuant to the Municipal Code.

11.43.070 Hearings and Appeals.A. Director’s Hearing. In the event that the Director denies an Application for an Accessory

Dwelling Unit or revokes an Accessory Dwelling Unit Permit, the applicant or permittee

may request a hearing before the Director within 10 days after being advised of the decision.

If there is a request for a hearing in accordance with this Subsection, the order of the

Director shall be stayed until the Director makes his determination after the hearing is

concluded. If there is no request for hearing within the ten (10) day period, or upon adetermination of the Director upholding the revocation, the Accessory Dwelling Unit shall

brought into compliance with Subsection 11.43.060(C), above or in the case of an denial of

an application, the property shall be brought into compliance with all applicable building

and zoning requirements of the Municipal Code.

B. Appeal of Director’s Determination After Hearing. If the Director does not rescind a

denial of the application or the revocation after the hearing, the applicant or permittee may

17

4738755.1 — L235.37

appeal to the planning commission in accordance with Municipal Code Section 11.50.040.The Accessory Dwelling Unit may continue to be used until the appeal is decided.

C. Preclusion of Further Application. In the event that an Application is denied or a permitis revoked, no Application may be made for an Accessory Dwelling Unit Permit for thesame Lot for a period of one (1) year from the date of the revocation or the conclusion of theappeal process, whichever is later.

11.43.080 Responsible Persons.All owners, occupants, managers and persons with dominion or control over the AccessoryDwelling Unit or the Lot upon which it is located shall comply with the terms of this Chapter andall applicable conditions, covenants, permits and restrictions created thereby.

11.43.090 Declaration of Nuisance; Enforcement.Any condition, construction, improvement, alteration or use that is created, permitted, allowed ormaintained in violation of this Chapter is declared to be a nuisance and may be abated inaccordance with any and all remedies available to the City, whether legal or equitable, civil,criminal or administrative, all of which shall be deemed cumulative. A violation of this Chaptershall be subject to enforcement as provided in Chapter 11.56 of the Municipal Code. Any violationof this Chapter is declared to be a misdemeanor.

11.43.100 No Authorization to Violate Law.Nothing in this Chapter allows or permits the violation of any Federal or State Law or theMunicipal Code. Except as provided hereunder, nothing herein cures or makes legal any illegalcondition or use. Any work, improvement, construction or alteration required or permitted by thisChapter shall comply with all applicable building permit and regulatory requirements of theMunicipal Code.

11.43.110 Accessory Structures.The following provisions, in combination with Section 11.43.040 (Application Process and PermitRequirements), are minimum requirements for all accessory structures that are not an AccessoryDwelling Unit.

A. Detached Garage. Detached garages shall be limited to accommodating four vehicles andshall conform to all development standards of the NL Zone.

B. Garage Doors. Garage doors shall not comprise more than 50% of any single parcelfrontage.

SECTION 3. The City Council hereby finds and determines, for the reasons set forth inSection 1, hereof that this Ordinance is exempt from the California Environment Quality Act of1970 (“CEQA”), as amended, because it can be seen with certainty that this ordinance has nolikelihood of causing a significant negative effect on the environment and accordingly both the CityCouncil’s action of adopting this ordinance and the effects derivative from the adoption are exemptfrom the application of CEQA, pursuant to Section 15061 (b)(3) of the State CEQA Guidelines (15Cal. Code Regs. § 15061(b)(3)). Furthermore, the adoption and implementation of the Ordinance isexempt from CEQA pursuant to Public Resources Code Section 21080.17, which provides thatCEQA “does not apply to the adoption of an ordinance by a city or county to implement theprovisions of Sections 65852.1 or 65852.2 of the Government Code.” This Ordinance was adopted

4738755.1 -- 1235.37

and is extended to implement changes in Government Code Section 65852.2, and thus is exemptfrom CEQA’s environmental review requirements.

SECTION 4. This Ordinance shall take effect on the thirty first (31st) day after its adoption.

SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of thisOrdinance or the application thereof to any person or place, is for any reason held to be invalid orunconstitutional by the decision of any court of competent jurisdiction, such decision shall notaffect the validity of the remainder of this Ordinance. The City Council hereby declares that itwould have adopted this ordinance, and each and every section, subsection, subdivision, sentence,clause, phrase, or portion thereof, irrespective of the fact that any one of more sections, subsections,subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 6. The City shall submit a certified copy of this Ordinance to the State Departmentof Housing and Community Development not later than sixty (60) days after the date of adoption ofthis Ordinance, as required by Government Code Section 65852.2(h).

SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause thesame to be published as required by law.


CITY OF SOUTH GATE:

Maria Belén Bernal, Mayor

ATTEST:


APPROVED AS TO FORM:

F. Salinas, City Attorney

194738755.1 --L23537

EGEWED Item No.6

MAR i s z City ofSouth GateSOUTh GATE CITY COUNCIL

uFICEOFThE0lMA]RqN]ThA Th311]LJLIFor the Regular Meeting of: March 26, 2019


Department Director: k City Manager:fi Joe 9/rez ‘ ichael lad

SUBJECT: ORDINANCE AMENDING SECTION 1.59.040 (ISSUANCE OFADMINISTRATIVE CITATION; CONTENTS THEREOF) OF THE SOUTH GATEMUNICIPAL CODE, FOR THE IMMEDIATE IMPOSITION OF ADMINISTRATIVECITATIONS FOR VIOLATIONS OF BUILDING, PLUMBING, ELECTRICAL, OROTHER SIMILAR STRUCTURAL, HEALTH AND SAFETY, OR ZONINGREQUIREMENTS RESULTING FROM ILLEGAL CANNABIS CULTIVATION

PURPOSE: After conclusion of the public hearing on March 12, 2019, the City Councilintroduced Ordinance No. 2361 authorizing the immediate issuance of administrative citationsfor building and zoning code violations resulting from or facilitating illegal cultivation ofcannabis, in accordance with Assembly Bill (AB) 2164, which went into effect on January 1,2019.

RECOMMENDED ACTION: Waive the reading in full and adopt Ordinance No. 2361amending Section 1.59.040 (Issuance of Administrative Citation; Contents Thereof), Chapter1.59 (Administrative Citations) of Title 1 (Administration and Personnel), of the South GateMunicipal Code, to provide for the immediate imposition of administrative fines or penalties forthe violation of building, plumbing, electrical, or other similar structural. health and safety, orzoning requirements if the violation exists as a result of, or to facilitate, the illegal cultivation ofcannabis.

FISCAL IMPACT: Administrative citations are deposited into the City’s General Fund. Thecitations will not create additional expenses; however, they may generate an undeterminedamount of revenue.

ALIGNMENT WITH COUNCIL GOALS: The adoption of this Ordinance authorizing theissuance of administrative citations due to illegal cultivation of cannabis supports the goal ofprotecting strong and sustainable neighborhoods, by creating a deterrent to illegal/unpermittedcultivation of cannabis, in the form of fines.

ANALYSIS: Under California law, Assembly Bill (AB) 2164, which became effective onJanuary 1, 2019, authorizes a city to adopt an ordinance making any violation of the municipal

I4747839.1 -- L235 53

code subject to an administrative penalty. In most cases the amount of the administrative penaltyshall not exceed the maximum fine set in Government Code Section 36900(b), which is $100 forthe first violation, $200 for the second violation within a year, and $500 for the third andsubsequent violation in a year.’

Currently, the City must provide “reasonable period of time” to complete the abatement of aviolation, prior to issuing an administrative citation. AB 2164 allows for the immediate issuanceof an administrative citation for the violation of building, plumbing, electrical, or other similarstructural, health and safety, or zoning codes if the violation relates to the illegal cultivation ofcannabis, and creates an immediate danger to health or safety.

However, AB 2164 provides an exception applicable to administrative citations issued to theowners of rental properties: the City must provide those owners with a “reasonable period oftIme” for the correction or remedy of the violation if all of the following three conditions aremet:

1. A tenant is in possession of the property that is the subject of the administrative action;

2. The rental property owner can provide evidence that the rental agreement prohibits thecultivation of cannabis; and

3. The rental property owner did not know that the tenant was illegally cultivating cannabisand no complaint, property inspection, or other information caused the rental propertyowner or agent to have actual notice of the illegal cannabis cultivation.

Through authorizing citations for building and zoning code violations deriving from illegalcultivation of cannabis, the City aims to encourage property owners who rent property toascertain that their properties are utilized correctly and not be used to grow cannabis.

If the City Council adopts the proposed Ordinance, once effective, the City could more quicklyimpose administrative fines, upon determining that someone violated the City’s building orzoning laws in connection with illegal cannabis cultivation.

BACKGROUND: On September 10, 2018, Governor Brown signed AB 2164 (Cooley) toauthorize a local agency, to make any violation of an ordinance subject to an administrative fineor penalty when the violation pertains to building, plumbing, electrical, or other similar structuralor zoning issues as a result of the illegal cultivation of cannabis. AB 2164 (Cooley) went intoeffect on January 1, 2019.

On March 13, 2012, the City Council adopted Ordinance No. 2293, which added Chapter 1.59

We note that a recent amendment to Government Code Section 36900, which became effective January 1,2019, added subsection (c) which authorizes higher administrative penalties for certain violations of building andsafety codes. This Department believes it would be advisable for the City Council to amend Section 1.59.060.B ofthe South Gate Municipal Code in order to allow the City to impose these higher penalties. At an upcomingmeeting we intend to present the City Council with a formal recommendation to that effect.

24747839.1 -- L235.53

(Administrative Citations) to the South Gate Municipal Code to allow the issuance ofadministrative citations in lieu of misdemeanors or infractions. In short, the Ordinance was aresponse to the need of an alternative method of enforcement for violations of the South GateMunicipal Code that allows for the abatement of violations.

ATTACHMENT: Ordinance No. 2361

34747839.1 -- L235.53

ORDINANCE NO. 2361


ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHGATE, CALIFORNIA, AMENDING SECTION 1.59.040 (ISSUANCE OF

ADMINISTRATIVE CITATION; CONTENTS THEREOF), OF CHAPTER1.59 (ADMINISTRATIVE CITATIONS), OF TITLE 1 (ADMINISTRATION

AND PERSONNEL), OF THE SOUTH GATE MUNICIPAL CODE TOPROVIDE FOR THE IMMEDIATE IMPOSITION OF ADMINISTRATIVE

FINES OR PENALTIES FOR THE VIOLATION OF BUILDING,PLUMBING, ELECTRICAL, OR OTHER SIMILARSTRUCTURAL,HEALTH AND SAFETY, OR ZONING REQUIREMENTS IF THEVIOLATION EXISTS AS A RESULT OF, OR TO FACILITATE,

THE ILLEGAL CULTIVATION OF CANNABIS

WHEREAS, California Government Code Section 53069.4 authorizes local jurisdictionsto enact legislation making violations of the City’s laws subject to an administrative fine orpenalty; and

WHEREAS, existing law requires a local agency to provide for a reasonable period oftime, for a person responsible for a continuing violation, to correct or otherwise remedy theviolation prior to the imposition of administrative fines or penalties, when the violation pertainsto building, plumbing, electrical, or other similar structural or zoning issues, that do not create animmediate danger to health or safety; and

WHEREAS, on March 13, 2012, the City Council adopted Ordinance No. 2293, addingChapter 1.59 (Administrative Citations), to Title 1 (Administration and Personnel), of the SouthGate Municipal Code to allow the issuance of administrative citations in lieu of misdemeanors orinfractions; and

WHEREAS, Assembly Bill 2164 (Cooley), effective on January 1, 2019, amended saidSection 54069.4 to allow a local agency, by ordinance, to provide for the immediate impositionof administrative fines or penalties for the violation of building, plumbing, electrical, or othersimilar structural, health and safety, or zoning requirements if the violation exists as a result of,or to facilitate, the illegal cultivation of cannabis; and

WHEREAS, during the regularly scheduled City Council meeting of March 12, 2019,the City Council held a duly noticed public hearing to take public testimony and considerintroducing this Ordinance;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE,CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby amends Section 1.59.040 (Issuance of AdministrativeCitation; Contents Thereof), of Chapter 1.59 (Administrative Citations), of Title 1(Administration and Personnel), of the South Gate Municipal Code in its entirety to read asfollows:

4747844.1 -- L235.53

1.59.040 Issuance of administrative citation—Contents thereof.

A. Whenever an officer determines that a violation of the code has occurred, the officer may

issue a citation on a city-approved form imposing an administrative fine or fines to theresponsible person(s) in accordance with the provisions of this chapter.

B. When the violation pertains to building, plumbing, electrical or other similar structural or

zoning issues that create an immediate danger to health or safety, a citation may be issued

forthwith. In the absence of an immediate danger, a citation for a violation pertaining to

building, plumbing, electrical, or other similar structural or zoning issues shall not beissued pursuant to this chapter unless the responsible person has first been provided with areasonable period, as determined by the officer, in which to complete the abatement or

compliance actions.

C. Notwithstanding the foregoing and subject to subsection D., below, administrative fines

may be imposed immediately pursuant to Government Code Section 53069.4 for the

violation of any building, plumbing, electrical, or other similar structural, health and

safety, or zoning requirements, if the violation exists as a result of, or to facilitate, the

illegal cultivation of cannabis.

D. Before a person is issued a citation pursuant to subsection C., above, for a first offense,

that person shall have the time provided in subsection B., above, to correct or remedy the

violation, if all of the following are true:

1. A tenant is in possession of the property that is the subject of the

administrative action;

2. The subject rental property owner or agent can provide evidence the

subject rental or lease agreement prohibits the cultivation of cannabis; and

3. The subject rental property owner or agent did not know the tenant was

illegally cultivating cannabis and no complaint, property inspection, or

other information caused the rental property owner or agent to have actual

notice of the illegal cannabis cultivation.

E. An officer may issue a citation for a violation not committed in the officer’s presence if

the officer has determined, through investigation that the citee did commit, or is otherwise

responsible for, the violation.

F. Each day, or any portion thereof, that a prohibited condition, use or activity under the

code is committed, continued or permitted shall constitute a separate violation for which

an administrative fine may be imposed. A single citation may charge multiple violations

of the code; however, each violation is subject to a separate and distinct administrative

fine.

4747844.1 -- L235.53

G. Each citation shall contain the following information:

1. Name and mailing address of the responsible person;

2. The address or description of the location of the violation:

3. The date and approximate time of the commission of the violation(s), or

detection thereof by an officer;

4. The relevant provision(s) or section(s) of the code alleged to have been

violated;

5. A description of the violation(s);

6. Amount of the fine for each violation, the procedure and place to pay the

fine(s) and/or reinspection fees, and any late penalty and/or interest

charge(s), if not timely paid;

7. When appropriate, the action(s) required to correct the violation(s), and, if

applicable, any deadlines or time limitations for commencing and

completing such action(s);

8. A description of the administrative citation review process and the manner

by which a hearing on a citation may be obtained (including the form to be

used, where it may be procured from, and the period in which a request

must be made in order to be timely);

9. The name and signature of the officer, and the signature of the citee, if he

or she is. physically present and will sign the citation at the time of its

issuance. The refusal of a citee to sign a citation shall not affect its validity

or any related subsequent proceeding, nor shall signing a citation constitute

an admission that a person has committed a violation of the code;

10. A statement that the failure to timely tender the fine(s) and other fees,

costs, andJor charges imposed pursuant to this chapter may result in the

recordation of a lien, a delay in the issuance or renewal of any city license,

permit, and/or other collection efforts as allowed by law; and

11. Any other information deemed necessary by the city manager.

4747844.1 —L235.53

SECTION 2. This Ordinance is exempt from CEQA as the activity is covered by the generalrule that CEQA applies only to projects which have the potential for causing a significant effecton the environment. Where it can be seen with certainty that there is no possibility that theactivity in question may have a significant effect on the environment, the activity is not subject toCEQA. Section 15061 (b) (3) of the CEQA Regulations (14 CCR § 15061).

SECTION 3. This Ordinance shall take effect and be enforced on the thirty-first (31st) day afterits adoption.

SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause thesame to be published as required by law.

ATTEST:




CITY OF SOUTH GATE:



4747844.1 --L235.53

RECEIVEDItem No.7

MAR 1 8 ?D1

GATE City ofSouth GateOFFICEOFTHECITYMANAGER CITY COUNCIL

A]NDThA IllTDTDFor the Regular Meeting of March 26 , 2019

Originating epartment; Community Development1

Department Director: \fra. /-- City Manager: ‘

/ Joe Pç/z Michael Flad

SUBJECT: RESOLUTION OPTING OUT OF THE REQUIREMENTS OF THECONGESTION MANAGEMENT PROGRAM

PURPOSE: To opt out of the Congestion Management Program (CMP) administered by theMetropolitan Transportation Authority (Metro) and at the request of the Metro Board ofDirectors. This action will allow cities to continue to receive their State gas tax funds without thecurrently required onerous reporting requirements by the CMP.

RECOMMENDED ACTION: Adopt Resolution electing to be exempt from the CongestionManagement Program.


ALIGNMENT WITH CITY COUNCIL GOALS: The adoption of the proposed Resolutionsupports the goal of maintaining street and transportation infrastructure, services, and funding asprovided in conjunction with the CMP and related funding sources.

ENVIRONMENTAL EVALUATION: Adoption of the proposed Resolution is exempt fromthe California Environmental Quality Act of 1970 (“CEQA”), as amended, pursuant to StateCEQA Guidelines Section 15061(b)(3).

ANALYSIS: The Los Angeles County Metropolitan Transportation Authority (Metro) isrequired by state law to prepare and update, on a biennial basis, a Congestion ManagementProgram (CMP) for the County of Los Angeles. The CMP process was established as part of a1990 legislative package to implement Proposition 111, which increased the state gas tax from 9to 18 cents per gallon. The intent of the CMP was to tie the appropriation of new gas taxrevenues to congestion reduction efforts by improving land use/transportation coordination.While the CMP requirement was one of the pioneering efforts to conduct performance-basedplanning, the approach has become antiquated and expensive. The CMP primarily uses a level ofservice (LOS) performance metric which is a measurement of vehicle delay that is inconsistentwith new state-designated performance measures, such as vehicle miles traveled (VMT), enactedby SB 743 for CEQA transportation analysis.

In accordance with California Government Code 65088.3, jurisdictions within a county may opt

1

out of the CMP requirement without penalty, if a majority of local jurisdictions representing amajority of the county’s popuIation formally adopt resolutions requesting to opt out of theprogram.

On June 28, 2018, the Metro Board of Directors approved a staff recommendation to initiate theprocess to opt out of the state mandated CMP. The action allows Metro staff to proceed with thenext step in the process, which is to provide the public agency partners with the option to opt outof the CMP as well. The CMP has been found to contradict Metro’s own efforts to promote amore sustainable and equitable region due to new traffic and air quality impact methodologiesthat are not consistent with the CMP. In addition, the passage of Measure M and the update ofthe Long-Range Transportation Plan present Metro with an opportunity to consider new ways tomeasure transportation system performance, measures that complement efforts to combat climatechange, support sustainable, vibrant communities and improve mobility. For Metro and citiesalike, the cOntinued administration Of the CMP is an impediment to improving Metro’senvisioned transportation system. Over the last several years, the CMP has become increasinglyoutdated in relation to the direction of Metro’s planning process and regional, state, and federaltransportation planning requirements.

Additional reasons to opt out of the CMP include:

• Relieves Metro and local jurisdictions of a mandate to use a single measure (LOS) todetermine roadway deficiencies.

• Eliminates the risk to local jurisdictions of losing their state gas tax funds or beingineligible to receive state and federal Transportation Improvement Program funds, as aresult of not being in compliance with CMP and reporting requirements or performancestandards.

• Eliminates the administrative and financial burden to cities associated with thepreparation of documents to demonstrate conformance with the CMP. The CMP requirescities to provide detailed data for all building construction and demolition and trafficanalysis for major arterials citywide.

Upon receipt of formally adopted resolutions from a majority of local jurisdictions representing amajority of the population, Metro will notif’ the State Controller, Caltrans, and SCAG that LosAngeles County has opted out of the CMP in accordance with statutory requirements.

ATTACHMENTS: A: Proposed ResolutionB: Metro Major Milestones TimelineC: Metro CMP Opt-Out FAQ

2

RESOLUTION NO.

___


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFSOUTH GATE, CALIFORNIA, ELECTING TO BE EXEMPT FROM

TIlE CONGESTION MANAGEMENT PROGRAM

WHEREAS, in 1990 the voters of California passed Proposition 111 and the requirementthat urbanized counties develop and implement a Congestion Management Program; and

WHEREAS, the legislature and governor established the specific requirements of theCongestion Management Program by passage of legislation which was a companion toProposition 111 and is encoded in California Government Code Section 65088 to 65089.10; and

WHEREAS, the Los Angeles County Metropolitan Transportation Authority (Metro) hasbeen designated as the Congestion Management Agency responsible for Los Angeles County’sCongestion Management Program; and

WHEREAS, California Government Code Section 65089.3 allows urbanized counties tobe exempt from the Congestion Management Program based on resolutions passed by localjurisdictions representing a majority of a county’s jurisdictions with a majority of the county’spopulation; and

WHEREAS, the Congestion Management Program is outdated and increasingly out ofstep with current regional, State, and Federal planning processes and requirements, includingnew State requirements for transportation performance measures related to greenhouse gasreduction; and

WHEREAS, on June 18, 2018 the Metro Board of Directors took action to direct Metrostaff to work with local jurisdictions to exempt Los Angeles County from the CongestionManagement Program and prepare the necessary resolutions to exempt the County from theCongestion Management Program.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE eOESHEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the above recitations are true and correct.

[Remainder of page left blank intentionally]

SECTION 2.The City Council hereby elects to be exempt from the Congestion ManagementProgram as described in California Government Code Section 65088 to 65089.10.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution which shall beeffective upon its adoption.

PASSED, APPROVED and ADOPTED this 26th day of March 2019.

CITY OF SOUTH GATE:

MarIa Belén Bernal, MayorATTEST:



Ra\F. Salinas, City Attorney

4

Los Angeles County One Gateway Plaza 213.922.2000 Tel

Metropolitan Transportation Authority Los Angeles, CA 9002.2952 metro.net

Metro

Los Angeles County Congestion Management ProgramMajor Milestones Timeline

1990 Passage of Prop 111, a state constitutional amendment, which among other thingsraises the Gas Tax from 9 to 18 cents over a 5 year period and establishes theCongestion Management Program (CMP). Receipt of new gas tax revenues generatedthrough Prop 111 is contingent on participation in a congestion management program.

1990-91 All jurisdictions in LA County adopt resolutions designating the County TransportationCommission (predecessor agency to Metro) as the designated Congestion ManagementAgency (CMA) charged with implementing a countywide congestion managementprogram.

1993 Metro begins implementation of the CMP initiating a Debits and Credits program thatrequires participants to maintain a positive balance of Credits (transportationimprovements) to Debits (housing activity).

1996 AB 2419 (Bowler) enacted which establishes an option to opt-out of the CM P withoutpenalty of losing 2105 Gas Tax funds made available through the original CMPlegislation.

1999 Cities express concerns to Metro about their ability to maintain conformance under theDebit/Credit program. Urge Metro to explore alternatives. Cities cite the followingconcerns:

• Cities have difficulty maintaining a positive credit balance

• Cities suffer funding shortfalls to deliver necessary transportation improvements

• CMP achieves little real mitigation and amounted to only an accounting exercise

1999—2003 Metro undertakes study of alternatives to the Debits and Credits program.

2003 Metro Board direction to suspend the Debits and Credits program.

2004 Board directs staff to study a fee program exclusively as an alternate to the Debits andCredits program.

2013 Staff brings development fee program to Metro Board for consideration and localjurisdiction implementation. Metro Board directs staff to request state legislature holdhearings to determine relevance of the CMP. No such legislative hearings are held.

2014 Consensus on fee program not achieved. A decision is made to wait of Governor’sOffice of Planning and Research (OPR) to release SB 743 guidelines that were expectedto be released in summer/fall 2014.

201 4-18 OPR releases multiple draft guidelines and technical advisories that designate VehicleMiles Travelled as the metric to evaluate transportation impacts under CEQA. The stateNatural Resources Agency has begun the formal administrative rulemaking process.

2018 Metro Board adopts recommendation to initiate CMP opt-out process and beginmeeting public agency stakeholders.

September 28, 2018

® Los Angeles County One Gateway Plaza 23.922.2OOO Tel

Metropolitan Transpodatlon AuUioiiLy Los Angeles, CA 90a12-2952 metro.net

Metro

LA Metro Congestion Management Program

Opt-Out FAQ

What is the Congestion Management Program (CMP)?

The CMP is a 1990 era state-mandated performance-based planning program that

attempts to link land use and transportation decisions.

Who are the parties responsible for implementation of the CMP?

Metro is the Congestion Management Agency charged with administering the

state-mandated program. All 89 jurisdictions (88 cities plus the County of Los

Angeles) are responsible for compliance with the provisions of the program.

Why is Metro recommending an opt-out of the CMP?

While the CMP requirement was one of the pioneering efforts to conduct

performance-based planning, the approach has become antiquated. CMP

primarily uses a level of service (LOS) performance metric which is a

measurement of vehicle delay that is inconsistent with new state-designated

performance measures, such as vehicle miles travelled (VMT), enacted by SB 743

for California Environmental Quality Act (CEQA) transportation analysis.

Is Metro replacing the CMP?

No, this is not a replacement effort. The opt-out is strictly about removing the LA

County region from the state-mandated requirements of the CMP. Cities will

retain local control over land use decisions.

What are the requirements to opt out of the CMP?

A majority consensus of 45 jurisdictions representing approximately 5.1 million

people in the County of Los Angeles is required to opt out formally.

January 15, 2019

Pursuant to California Government Code §65088.3 (Attachment A, C.G.C. §65000

et seq.), jurisdictions within a county may opt out of the CMP requirement

without penalty, if a malority of local jurisdictions representing a majority of the

county’s population formally adopt resolutions requesting to opt out of the

program.

Has Metro contacted representatives from the City of LA and or the County?

Recognizing the population that needs to be achieved for a successful opt-out,

Metro did consult with City and County of Los Angeles officials to ensure that

their respective agencies were amenable to the idea. Any final decision to opt out

would require approval from their respective governing bodies.

Has Metro contacted anyone from the state about the decision to proceed with

an opt-out?

Yes. Metro consulted with the State Controller’s Office, Office of Planning and

Research, Caltrans and the California Transportation Commission prior to

initiating the opt-out process. None of the state agencies referenced raised any

concerns.

Will local jurisdictions continue to receive their apportionment of 2105 gas tax

funds if the opt-out is successful?

Yes. Cities will continue to receive gas taxes tied to the CMP.

What other regions have opted out of the CMP?

Yes. Some of the regions that have opted out of the CMP include: Fresno, Santa

Cruz, San Luis Obispo, Sacramento, Sonoma and San Diego.

What does Metro need from local jurisdictions who wish to opt out of the CMP?

Metro needs local jurisdictions to formally adopt resolutions requesting to opt

out of the program. A sample resolution is attached to this email. Once your

governing body has adopted the resolution, please scan and send the final signed

copy to Paul Backstrom [email protected].

January 15, 2019

What is your timeline for completing the opt-out?

Metro encourages local jurisdictions to adopt resolutions as soon as possible.

Metro intends to provide an update to our Board in June. To meet that internally

imposed timeline, Metro asks that local jurisdictions do their best to provide

Metro with adopted resolutions by March 29, 2019.

What happens to our debits and credits accumulated under the CMP?

The debits and credits will exist and remain in our records but hold no current

value outside of the CMP program.

What happens to the transportation demand ordinances that cities adopted to

comply with the provisions of the CMP?

The ordinances remain intact as part of each city’s municipal code. The only thing

that would change is that cities would retain the option to remove or update

those ordinances at their own discretion.

What if the effort to opt out is unsuccessful?

Should efforts to opt-out fail, Metro would continue to enforce the requirements

of the CMP.

Who can I contact for more information?

Paul Backstrom by email [email protected] or by phone 213.922.2183.

January 15, 2019

RECEIVEDMAR 1 9’ZOlfj City ofSouth Gate Item No. 8

youmaA1 CITY COUNCIL

OMANMGENDA BILLFor the Regular Meeting of: March 26, 2019

Originating Department: Administrative Services

Department Director: / .

fy C Ci’ Manager: ‘4Jackie Acosta Michael Flad

SUBJECT: RESOLUTION AMENDING THE HOURLY PAY TABLE

PURPOSE: To update the Houriy Pay Table to provide salary increases for part-time, hourlyemployees and employees in full-time equivalent hourly positions.

RECOMMENDED ACTION: Adopt Resolution amending the Hourly Pay Table to provide salaryincreases to the City’s part-time, hourly employees.

FISCAL IMPACT: The fiscal impact of these new hourly rates is approximately $114,000 annually,plus a one-time additional cost of $11,000 for the full-time equivalent hourly positions that are beingadjusted retroactively back to June 24, 2018. Funding for these anticipated increases was included inthe FY 2018/19 budget.

ANALYSIS: None

BACKGROUND: On April 4, 2016, California Governor Jerry Brown signed Senate Bill No. 3,which increases Califomi&s minimum wage each year so that it will reach $15.00 per hour in 2022(unless the increases are temporarily delayed at any point due to certain economic conditions).

As of January 1, 2019, California’s minimum wage is $12.00 per hour. The law will increase thisamount as follows for employers who employ 26 or more emp1oyes:

On January 1, 2020, to $13.00 per hour• On January 1,2021, to $14.00 per hour

On January 1, 2022, to $15.00 per hour

Effective January 1, 2019, the California minimum wage increased to $12.00 per hour, which wasequivalent to a 9.09% increase. On December 11, 2018, the City Council approved an increase to$12.00 per hour for the three hourly positions that were paid less than $12.00 per hour. Staff is nowrecommending that the City Council approve the following increases to the City’s other, non-minimumwage hourly positions:

Adjust the 12 full-time equivalent hourly positions to equal Step A of the corresponding fulltime position (in accordance with Council policy set back in December 2017), retroactive toJune 24, 2018. (Exhibit A)

• Adjust the full-time equivalent hourly Police Officer position to equal Step C of thecorresponding full-time position (in accordance with Council policy set back in September2006), retroactive to June 24, 2018. (Exhibit A)

• Provide a 9.09% increase to the 18 hourly positions currently paid less than $24.50 per hour,effective March 31, 2019. (Exhibit B)

• Adjust the Parks & Recreation hourly positions as necessary to achieve salary ranges thatprovide a 10% differential between each position in the Recreation Leader and Lifeguardseries, effective March 31, 2019. (Exhibit B)

These recommended changes, including those approved previously for the positions below minimumwage, will provide salary increases for the City’s 166 hourly employees.

ATTACHMENT: Proposed Resolution (including new Hourly Pay Tables)

2

RESOLUTION NO._____


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATEAMENDING THE HOURLY PAY TABLE TO PROVIDE SALARY

INCREASES TO THE CITY’S PART-TIME, HOURLY EMPLOYEES

WHEREAS, on April 4, 2016, California Governor Jerry Brown signed Senate Bill No. 3,which increases California’s minimum wage yearly so that it will reach $15.00 per hour in 2022; and

WHEREAS, California’s minimum wage increased from $11.00 per hour to $12.00 per houreffective January 1, 2019; and

WHEREAS, as a result of the minimum wage increase, three of the City’s hourly pay rangesfell below the new hourly minimum wage and were increased accordingly to comply with state laweffective January 1, 2019; and

WHEREAS, the Municipal Employees Association (MEA) full-time pay rates have changedand the hourly rates for the hourly positions with equivalent full-time classification titles need to beadjusted accordingly. Therefore, staff is recommending an increase to the hourly rates of the hourlypositions with equivalent full-time classification titles from the MEA bargaining unit to the hourly rateequivalent of Step A of the salary range for the corresponding full-time classification; and

WHEREAS, on September 26, 2006, the City Council took action to set the hourly rate forhourly Police Officers at the hourly rate equivalent of Step C of the full-time Police Officer salaryrange. Therefore, staff is recommending an increase to the hourly rate for hourly Police Officers to thehourly rate equivalent of Step C of the full-time Police Officer salary range; and

WHEREAS, to maintain existing separation between various hourly classifications and theminimum wage, staff recommends a consistent differential of 10% be applied between the RecreationLeader I, Recreation Leader II, Recreation Leader III and Recreation Leader IV salary ranges andbetween the Lifeguard, Swim Instructor and Senior Lifeguard salary ranges; and

WHEREAS, Council deems it appropriate to provide the same 9.09% increase to the other 18hourly positions currently paid less than $24.50 per hour; and

WHEREAS, the full-time equivalent hourly classification of City Hall Receptionist is beingadded to the Hourly Pay Table.

[Remainder of page left blank intentionally]

3

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE DOESHEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council hereby approves and adopts the proposed Hourly Pay Table, attachedhereto as Exhibit “A,” which is effective retroactively to June 24, 2018.

SECTION 2. The City Council hereby approves and adopts the proposed Hourly Pay Table, attachedhereto as Exhibit “B,” which is effective as of March 31, 2019.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution which shall be effectiveupon its adoption.

PASSED, APPROVED and ADOPTED this 26th of March 2019.

CITY OF SOUTH GATE:

ATTEST:

MarIa Belén Bemal, Mayor

Carmen Avalos, City Clerk

(SEAL)



4

City of South Gate Exhibit A”

Pay Plan Category L - Unclassified Hourly Employees (Flat Rated)Effective 6-24-2018

Adjustment of Full-Time Hourly Equivalent Positions

Range Hourly Rate

_______ _____ ____________

Hourly Position

999 $ 17.29 Administrative Aide

999 $ 1435 Clerical Assistant I

999 $ 15.53 Clerical Assistant II

999 $ 17.69 Clerical Assistant III

999 $ 18.11 . Community Development Intern

999 $ 17.17 Computer Information Systems (CIS) Aide

- 999 $ 18.16 ---------— ------- CourtOfficer

999 $ 18.11 Engineering Aide

999 $ 26.85 Family Violence Prevention Specialist

999 $ 11.00 Intern

999 $ 15.53 Maintenance Helper

999 $ 19.81 Maintenance Service Worker

999 $ 15.53 Mechanic Helper

999 $ 24.50 Outdoor Power Equipment Mechanic

999 $ 19.17 Police Cadet

999 $ 20.92 Police Custodian of Records

999 $ 13.83 Police Vehicle Service Attendant

999 $ 19.17 Program Assistant

999 $ 16.06 Public Safety Officer

999 $ 13.77 Research Aide

998 $ 11.00 Student Worker

Range Step A Step B Step C Stei, D Step E Hourly Position ——_____

997 $ 11.00 $11.55 $ 12.13 $ 12.74 $ 13.38 Recreation_Leader l(RecAide,MaintAideITutorAssistant)

998 $ 11.92 $ 12.52 $ 13.14 $ 13.80 $ 14.49 Recreation Leader II (RecAttendent,MaintAidellTutor)

995 $ 13.82 $ 14.51 $ 15.23 $ 15.99 $ 16.79 Recreation Leader III (Cashier,GoIf Starter)______

_____

994 $ 15.77 $ 16.56 $ 17.39 $18.26 $ 19.17 Recreation Leader IV (Recreation Leader, Sr. Golf Starter)

993 $ 12.23 $ 12.84 $ 13.48 $ 14.15 $1486 Lifeguard

_________

995 $ 13.82 $ 14.51 $ 15.23 $ 15.99 $ 16.79 Swim Instructor

992 $ 15.77 $ 16.56 $ 17.39 $ 18.26 $ 19.17 Senior Lifeguard

____

5

City of South Gate Exhibit “A

Pay Plan Category L - Unclassified Hourly Employees (Flat Rated)Effective 6-24-2018

Adjustment of Full-Time Hourly Equivalent Positions

Hourly RateRanae Equivalent

______ __________ ______

Full-Time Classification - Hourly EquivalentMunicipal Employees Association (MEA) Positions

________ __________________

Hourly Equivalent to 6/24/18 MEA Step A Rate (Eff Council Action 12)12/17)

999 $ 26.78 Code Enforcement Officer

999 $ 22.62 Community Development Tech II

999 $ 21.57 Community Services Officer

999 $ 21.28 Customer Service Representative

999 $ 25.26 - -- --------- EquipmentMechanic

999 $ 26.52 Housing Specialist

999 $ 21.28 lntermediateAccountClerk

999 $ 20.15 Intermediate Typist Clerk/Office Assistant

999 $ 23.49 Electrician I

999 $ 26.67 Electrician II

999 $ 20.22 Park Facilities Maintenance Worker

999 $ 20.93 Police Records Specialist

Ranqe Hourly Rate

_________________________________

Sworn Hourly Position999 $ 40.36 Police Officer

__________________ ___________________ __________ ______

Hourly Equivalent to PQA Step C Rate (Eff Council Action 09126/06)

City of South Gate Exhibit “B”

Pay Plan Category L - Unclassified Hourly Employees (Flat Rated)Effective 3-31 -2019

Minimum Wage Increase

Ranae Hourly Rate

_____ ________________

Hourly Position

999 $ 18.86 Administrative Aide

999 $ 22.73 Business License Inspector

999 $ 15.65 Clerical Assistant I

999 $ 16.94 Clerical Assistant II

999 $ 19.30 Clerical Assistant III

999 $ 19.76 Community Development Intern

999 $ 18.73 Computer Information Systems (CIS) Aide

999 $ 19.81 Court Officer

999 $ 19.76 Engineering Aide

999 $ 26.85 Family Violence Prevention Specialist

999 $ 12.00 Intern

999 $ 16.94 Maintenance Helper

999 $ 21.61 Maintenance Service Worker

999 $ 16.94 Mechanic Helper

999 $ 24.50 Outdoor Power Equipment Mechanic

999 $ 20.91 Police Cadet

999 $ 22.82 Police Custodian of Records

999 $ 15.09 Police Vehicle Service Attendant

999 $ 20.91 Program Assistant

999 $ 17.52 Public Safety Officer

999 $ 15.02 Research Aide

998 $ 12.00 Student Worker

Ranae Step A Step B Step C Step D Step E

_____

Hourly Position

______

997 $ 12.00 $ 12.60 $ 13.23 $ 13.89 $ 14.59_Recreation Leader I (RecAideMaintAidelTutorAssistant)

996 $ 13.20 $ 13.86 $ 14.55 $ 15.28 $ 16.04 Recreation Leader II (RecAttendent,MaintAidell.Tutor)

995 $ 14.52 $ 15.25 $ 16.01 $ 16.81 $ 17.65 Recreation Leader III (Cashier Golf Starter)

994 $ 15.97 $ 16.77 $ 17.61 $ 18.49 $ 19.41 Recreation Leader IV (Recreation Leader, Sr. Golf Starter)

993 $ 13.20 $ 13.86 $ 14.55 $ 15.28 $ 16.04 Lifeguard

___________

995 $ 14.52 $ 15.25 $ 16.01 $ 16.81 $ 17.65 Swim Instructor

______

992 $ 15.97 $ 16.77 $ 17.61 $ 18.49 $ 19.41 SeniorLifd

________

City of South Gate Exhibit “B”

Pay Plan Category L - Unclassified Hourly Employees (Flat Rated)

Effective 3-31-2019

Minimum Wage Increase

Hourly Rate

Rancie Equivalent

____________

Full-Time Classification - Hourly Equivalent

Municipal Employees Association (MEA) Positions

_______

Hourly_Equivalent to 6/24/18 MEA Step A Rate (Eff Council Action 12/12/17)

999 $ 17.89 City Hall Receptionist

999 $ 26.78 Code Enforcement Officer

999 $ 22.62 Community Development Tech II

999 $ 21.57 Community Services Officer

999 $ 21.28 Customer Service Representative

999 $ 25.26 Equipment Mechanic

999 $ 26.52 Housing Specialist

999 $ 21.28 Intermediate Account Clerk

999 $ 20.15 Intermediate Typist Clerk/Office Assistant

999 $ 23.49 Electrician I

999 $ 26.67 Electrician II

999 $ 20.22 Park Facilities Maintenance Worker

999 $ 20.93 Police Records Specialist

Rancie Hourly Rate Sworn Hourly Position

999 $ 40.36 Police Officer

_____________________________________________ _______________________

Hourly Equivalent to POA Step C Rate (Eff Council Action 09126/06)

RECEIVED

Item No. 9MAR 1 92019 City ofSouth Gate

OFFICE OFTHE CITY MANAGERCITY COUNCIL

5:5yrQ AGENDA BILLFor the Regular Meeting of: March 26, 2019

Origi atm epartm nt: Administration

Assistant City Manager: Manager:

________________

• Arturo Cervantes Michael Flad

SUBJECT: RESOLUTION- TEMPORARILY SUSPENDING ENFORCEMENT OFISSUING ADMINISTRATIVE CITATIONS AT THE REGULARLY SCHEDULEDCALIFORNIA CONTRACT CITIES ASSOCIATION BOARD MEETING ON APRIL17, 2019, AT THE LOS ANGELES RIVER CONFLUENCE POINT

PURPOSE: To consider adopting the proposed Resolution to allow alcohol beverageconsumption during the regularly scheduled California Contract Cities Association (CCCA)Board Meeting taking place at the Los Angeles River and Rio Hondo Channel confluence pointon Wednesday, April 17, 2019. The Board Meeting agenda includes a networking/dinnerreception during which time alcohol is proposed to be served.

RECOMMENDED ACTION: Adopt Resolution temporarily suspending enforcement ofissuing administrative citations to allow for limited alcohol beverage consumption during theCalifornia Contract Cities Association Board Meeting taking place at the Los Angeles River andRio Hondo Channel confluence point on Wednesday, April 17, 2019, from 6:00 p.m. to 8:30p.m.


ANALYSIS: Under Chapter 7.28 (Alcoholic Beverages), of Title 7 (Public Safety and Morals),of the City’s Municipal Code, Section 7.28.020 (Public Places), prohibits any person to consumean alcoholic beverage upon any public street, avenue, alley, sidewalk, parkway, courts or otherpublic place within the city open or dedicated to public use; and Section 7.28.40 (Penalty forViolations), establishes fines for the aforementioned violations. The proposed Resolution willtemporarily suspend the enforcement of issuing administrative citations for the CCCA BoardMeeting scheduled for April 17, 2019, and only at the specified location. The Board Meetingagenda will include a networking/dinner reception during which time alcohol is planned to beserved.

BACKGROUND: The City has been a Member City of the California Contract CitiesAssociation (CCCA) for over 23 years. Vice Mayor Morales has served as the City’s BoardMember on the CCCA Board of Directors since 2011, and as the President of the CCCA sinceMay of 2018. In recognition of his dedicated service, the CCCA Board Meeting will be held inthe City, at the confluence point on April 17, 2019, from 6:00 p.m. to 8:30 p.m.

1

Following their standard format, the CCCA Board Meetings include a networking/dinnerreception. The reception will include a light dinner that will consist of burgers, beer and wine. Itwill also include presentations that will be geared to highlight the vision and revitalization of theLos Angeles River.

The City will serve as the host because it is a tradition for the agency of the outgoing President tohost the Board Meeting. Program sponsors include River LA, the Rivers and MountainsConservancy, CCCA and the City. The City’s support and sponsorship will be limited.

Should the City Council adopt the proposed Resolution, no one under the age of 21 will beserved any alcohol at any time during this event. No cash sales will be permitted at the bar andno drinks shall be permitted outside the specified location. CCCA will contract with licensed,trained, and insured bartenders to insure responsible alcohol service for a safe and successfulevent. The requirements for the Department of Alcoholic Beverage Control (ABC) are proposed

to be met.

City staff are supportive of this approach, given the: (1) narrowly tailored site request (LosAngeles River and Rio Hondo Channel confluence point); (2) proposed 2’/2-hour suspension(6:00 p.m. to 8:30 p.m.); (3) single day usage (April 17, 2019); (4) limited inventory (only beerand wine); and (5) use of a licensed and insured bartender(s). This approach leaves intactSections 7.28.020 and Section 7.28.040, as referenced above, so that enforcement elsewhere

remains unaffected.

ATTACHMENT: Proposed Resolution

2

RESOLUTION NO.


RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE,CALIFORNIA, TEMPORARILY SUSPENDING ENFORCEMENT OF

ISSUING ADMINISTRATIVE CITATIONS TO ALLOW FOR LIMITEDALCOHOL BEVERAGE CONSUMPTION DURING THE

CALIFORNIA CONTRACT CITIES ASSOCIATION BOARD MEETINGTAKING PLACE AT THE LOS ANGELES RIVER AND

RIO HONDO CHANNEL CONFLUENCE POINTON WEDNESDAY, APRIL 17, 2019, FROM 6:00 P.M. TO 8:30 P.M.

WHEREAS, under Chapter 7.28 (Alcoholic Beverages), of Title 7 (Public Safety andMorals), of the South Gate Municipal Code, Section 7.28.020 (Public Places), prohibits anyperson to consume an alcoholic beverage upon any public street, avenue, alley, sidewalk,parkway, courts or other public place within the city open or dedicated to public use; and

WHEREAS, Section 7.28.40 (Penalty for Violations), of Chapter 7.28 (AlcoholicBeverages), of Title 7 (Public Safety and Morals), of the South Gate Municipal Code, establishesfmes for violating any of the provisions of this Chapter; and

WHEREAS, the City of South Gate (“City”) has been a Member City of the CaliforniaContract Cities Association (“CCCA”) for over 23 years; and

WHEREAS, the regular CCCA Board of Directors Meeting will be held at the LosAngeles River and Rio Hondo Channel confluence point on April 17, 2019, from 6:00 p.m. to8:30 p.m.; and

WHEREAS, the CCCA requests that the City Council temporarily suspend theenforcement of issuing administrative citations on the consumption of beer and wine at the LosAngeles River and Rio Rondo Channel confluence point, during the CCCA Board of DirectorsMeeting, which will include a networking/dinner reception, on April 17, 2019; and

WHEREAS, City staff are supportive of this approach, given the: (1) narrowly tailoredsite request (Los Angeles River and Rio Hondo Channel confluence point); (2) proposed 2’/2 -

hour suspension (6:00 p.m. to 8:30 p.m.); (3) single day usage (April 17, 2019); (4) limitedinventory (only beer and wine); and (5) use of licensed and insured bartender(s); and (6) thisapproach leaves intact Section 7.28.020 (Public Places), and Section 7.28.40 (Penalty forViolations), of Chapter 7.28 (Alcoholic Beverages), of Title 7 (Public Safety And Morals), of theSouth Gate Municipal Code, so that enforcement elsewhere remains unaffected;

3


SECTION 1. The City Council hereby temporarily suspends the enforcement of issuingadministrative citations to allow for alcohol beverage consumption during the CaliforniaContract Cities Association Board Meeting taking place at the Los Angeles River and Rio HondoChannel confluence point on Wednesday, April 17, 2019, from 6:00 p.m. to 8:30 p.m.

SECTION 2. The City Council hereby directs the California Contract Cities Association to (1)limited inventory of only beer and wine; (2) no sales are permitted at the bar; and (3) a licensedbartending service is used having liquor and general liability insurance.

SECTION 3. Municipal Code Sections 7.28.020 and 7.28.40 will remain enforceablethroughout the City, except at the Los Angeles River and Rio Rondo Channel confluence point,where administrative citations will not be issued during the hours of 6:00 p.m. to 8:30 p.m. onWednesday, April 17, 2019.

SECTION 4. The City Clerk shall certify to the adoption of this Resolution which shall beeffective upon its adoption.


CITY OF SOUTH GATE:

Maria Belén Bernal, MayorATTEST:



Rul F. Salinas, City Attorney

4

!CVED

MAR 20 2019 City ofSouth Gate Item No. 10CITY COUNCIL

CITYOFSOUTH GATEOFFICE OF THE CF V MANAGE &CIPNJDA BJLLL

For the Regular Meeting of: March 26, 2019Department: Public Works

Department Director: CityMichael Fl d (

SUBJECT: RESOLUTION ADOPTING THE LOCAL STREETS AND ROADS FUNDINGPROGRAM PROJECT LIST FOR FISCAL YEAR 2019/20 TO COMPLY WITH SENATEBILL 1 REQUIREMENTS

PURPOSE: The City is receiving an estimated $1.6 million in Senate Bill 1 (SB 1) funds from theState of California for the Fiscal Year 20 19/20. The State requires the City to adopt the Local Streetsand Roads Funding Program Project List via Resolution, by May 1st of each year. The list identifies theprojects proposed to be funded by future and past SB 1 Funding allocations.

RECOMMENDED ACTION: Adopt Resolution adopting the Local Streets and Roads FundingProgram Project List for Fiscal Year 2019/20 to program $1.6 million in Senate Bill 1 funds to theCitywide Residential Resurfacing Cape-seal Program, City Project No. 637-ST, in compliance withSenate Bill 1 requirements.

,—t-VLCAL IMPACT: There is no impact to the General Fund. The Fiscal Year 20 19/20 SB 1 fundingallocation is proposed to be programmed as follows:

Project Title__ SB I Funds FiscalYcar Account NoCitywide Residential Resurfacing Cape-Seal$1,600,000 2019/20 TBDProgram, City Project No. 637-ST

ANALYSIS: The State requires recipient agencies to program SB 1 funds by adopting a Resolution toapprove the Local Streets and Roads Funding Program Project List. The action herein meets thisrequirement. The Local Streets and Roads Funding Program Project List consists of qualifying projectsdefined in the Senate Bill 1 Guidelines. According to the guidelines, qualifying projects include RoadMaintenance and Rehabilitation, Safety Projects, Railroad Grade Separations, Complete StreetsComponents (including active transportation purposes, pedestrian and bicycle safety projects, transitfacilities, and drainage and stormwater capture projects in conjunction with any other allowableproject), and Traffic Control Devices.

BACKGROUND: In an effort to address basic road maintenance, rehabilitation and critical safetyneeds on both the state highway and local streets and road system, on April 28, 2017, SB 1, which isknown as the Road Repair and Accountability Act of 2017, was approved and signed by the Governor.Annually, the program produces approximately $6 billion statewide of which the City receives anannual distribution.

According to the SB I guidelines adopted by the State, the City must adopt a project list to allocate theSB 1 Funds, in order to receive annual program funds.

Cervantes

/

Staff is recommending that the entire $1.6 million SB 1 funding allocation for Fiscal Year 2019/20 beprogrammed on the Citywide Residential Resurfacing Cape-Seal Program. This will help meet the goalof the City’s Pavement Management System for improving pavement conditions Citywide.

The City’s Pavement Management System (PMS) is a tool used to prioritize roadway projects.The PMS includes pavement assessments and rehabilitation strategies. It also includes a ratingsystem that ranks roadways conditions for funding. According to the PMS, the City should investover $3 million annually to maintain and improve roadway pavement conditions citywide. ThePMS will be used to develop the scope of work of the Citywide Residential Resurfacing Cape-SealProgram.

That said, the Local Streets and Roads Funding Program Project List for Fiscal Year 2019/20 onlyincludes the Citywide Residential Resurfacing Cape-Seal Program.

ATTACHMENTS: A. Proposed Local Streets and Roads Funding Program Project ListB. Proposed ResolutionC. Senate Bill No. 1 (Available for review in the City Clerk’s office)

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RESOLUTION NO.

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RESOLUTION OF THE CITY COUNCIL OF THE CITY OFSOUTH GATE, CALIFORNIA, ADOPTING THE LOCALSTREETS AND ROADS FUNDING PROGRAM PROJECTLIST FOR FISCAL YEAR 2019120 TO COMPLY WITHSENATE BILL I REQUIREMENTS

WHEREAS, Senate Bill I (SB 1), the Road Repair and Accountability Act of 2017(Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law in April2017 in order to address the significant multi-modal transportation funding shortfallsstatewide; and

WHEREAS, SB I includes accountability and transparency provisions aimed atinforming residents which projects are being proposed for SB I funding in the City andwhich of those projects have been completed each fiscal year; and

WHEREAS, the City is scheduled to receive an estimated $1,600,000 annually inRoad Maintenance and Rehabilitation Account (RMRA) funding from SB 1; and

WHEREAS, the City must include a list of all projects proposed to receive RMRAfunding from SB I in the City budget, which must include a description and the locationof each proposed project, a proposed schedule for each project’s completion, and theestimated useful life of each improvement; and

WHEREAS, the City has appropriated in Fiscal Year 201 7/18 $127,360 in RMRAFunds to the Firestone Boulevard Regional Corridor Capacity Enhancement Project,City Project No. 476-TRF and $562,625 in RMRA Funds to the Citywide SidewalkImprovements Project, Phase V, City Project No. 566-ST; and

WHEREAS, the City has appropriated in Fiscal Year 2018/19 $500,000 in RMRAFunds to the Citywide Sidewalk Improvements Project, Phase VI, City Project No. 599-ST and $500,000 in RMRA Funds to the Garfield Avenue and Imperial Highway StreetRehabilitation Project, City Project No. 413-ST; and $805,324 in RMRA Funds to theFirestone Boulevard Regional Corridor Capacity Enhancement Project, City Project No.476-TRF;

1

4

WHEREAS, the City wishes to allocate $1,600,000 in RMRA Funds for FiscalYear 201 9/20 to the Citywide Residential Resurfacing Cape-Seal Program, City ProjectNo. 637-ST; and

WHEREAS, the City wishes to carryover $689,985 from Fiscal Year 2017/18RMRA Funds for the Citywide Sidewalk Improvements Project, Phase V, City ProjectNo. 566-ST ($562,625); and the Firestone Boulevard Regional Corridor CapacityEnhancement Project, City Project No. 476-TRF ($127,360); and

WHEREAS,.the City wishes to carryover $1,805,324 from Fiscal Year 2018/19RMRA Funds for the Citywide Sidewalk Improvements Project, Phase VI, City ProjectNo. 599-ST ($500,000); and Garfield Avenue and Imperial Highway StreetRehabilitation Project, City Project No. 413-ST ($500,000); and Firestone BoulevardRegional Corridor Capacity Enhancement Project, City Project No. 476-TRF ($805,324);and

WHEREAS, SB I requires that the City adopt its Local Streets and RoadsFunding Program Project List to include the Citywide Residential Resurfacing Cape-Seal Program, City Project No. 637-ST;

WHEREAS, the City considered the Pavement Management System to developthe Local Streets and Roads Funding Program Project List to ensure revenues arebeing used on projects that meet the community’s priorities for transportationinvestment; and

WHEREAS, without revenue from SB 1, the City may have otherwise postponedprojects partially funded through the Capital Improvement Program; and

WHEREAS, police, fire, and emergency medical services all need reliable roadsto address emergency calls; and

WHEREAS, maintaining and preserving the local street and road system in goodcondition will reduce drive times and traffic congestion, which leads to reduce vehicleemissions helping the State achieve its air quality and greenhouse gas emissionreductions goals; and

WHEREAS, maintaining roads reduces construction time which results in less airpollution from heavy equipment and less water pollution from site run-off; and

2

5

WHEREAS, the SB 1 project list and overall investment in the City’s local streetsand roads infrastructure will have significant positive benefits given the City’s focus onbasic maintenance, investment in complete streets infrastructure, and use of cutting-edge technology, materials and practices;

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SOUTH GATE DOESHEREBY RESOLVE AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The City Council hereby adopts the following list of projects to be fundedwith SB 1 Funds:

Project Name Description Location SB 1 Anticipated EstimatedBudget Year of Useful

______________

Construction LifeCitywide Citywide residential street Citywide $1,600,000 10/2019 10 YearsResidential rehabilitation andResurfacing improvements to extend the lifeCape-Seal of aging roadway pavementProgramGarfield Avenue Rehabilitation of pavement, Garfield $500,000 11/2018 10-15and Imperial reconstruction of damaged curb Avenue from YearsHighway Street and gutter, drive approaches, JeffersonRehabilitation sidewalks, on Garfield Avenue Avenue toProject from Jefferson Avenue to South South City

City Limits. Limits.

Citywide The Sidewalk Improvements Citywide $500,000 02/2019 30 YearsSidewalk Project will maintain pedestrianImprovements safety a priority. Under thisProject, Phase VI project, over 600 locations of

damaged sidewalk, curb, guttersand access ramp around theCity will be repaired to removeany potential tripping hazards.

Firestone The Firestone Boulevard On Firestone $932,684 01/2018 30 YearsBoulevard Project contains a wide range of BoulevardRegional infrastructure improvements from AlamedaCorridor which includes the following: Street toCapacity increasing the number of travel CaliforniaEnhancement lanes from four to six, raised AvenueProject landscape medians, pavement

31’

rehabilitation, traffic signal andstreet light modifications, trafficsignal synchronization, trafficsigning and striping, concreterepairs and ADA rampimprovements, storm waterquality mitigation measures,pedestrian lights, bus sheltersand furniture enhancements,and a signature gateway designat five major intersections.Gateway design includes publicart pieces, pedestrian lighting,street furniture, andlandscaping.

Citywide The Sidewalk improvement will Citywide $562,625 4/2018 30 YearsSidewalk maintain pedestrian safety aImprovements priority. Under this project,Project, Phase V over 650 locations of damaged

sidewalk, curb, gutters andaccess ramp around the Citywill be repaired to remove anypotential tripping hazards.

[The remainder of this page was left intentionally blank]

4

SECTION 3. The City Council hereby adopts the Local Streets and Roads FundingProgram Project List to include the Citywide Residential Resurfacing Cape-SealProgram, City Project No. 637-ST; to program $1,600,000 in SB I Funds and authorizeits submittal to the California Transportation Commission.

SECTION 4. The City Clerk shall certify to the adoption of this Resolution which shallbe effective upon its adoption.

PASSED, APPROVED and ADOPTED this 26 day of March 2019.

CITY OF SOUTH GATE:

Maria Belén Bernal, Mayor

ATTEST:



Raul F. Salinas, City Attorney

5

311 812019 . Bill Text - SB-i Transportation funding.

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Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites

SB-i Transportation funding. (2017-2018)

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SHARE THIS: Date Published: 05/01/2017 02:00 PM

Senate Bill No. 1

CHAPTER 5

An act to amend Section 14526.5 of, to add Sections 14033, 14110, 14526.7, 14556.41, and 16321 to,to add Chapter 5 (commencing with Section 14460) to Part 5 of Division 3 of Title 2 of, to repeal

Sections 63048.66, 63048.67, 63048.7, 63048.75, 63048.8, and 63048.85 of, and to repeal and addSection 63048.65 of, the Government Code, to add Section 43021 to the Health and Safety Code, to

amend Section 99312.1 of, and to add Sections 99312.3, 99312.4, and 99314.9 to, the Public Utilities—--Code, to amend Sections 6051.8, 6201.8, 7360, 8352.4, 8352.5, 8352.6, and 60050 of, to add Sections- -

7361.2, 7653.2, 60050.2, and 60201.4 to, and to add Chapter 6 (commencing with Section 11050) toPart 5 of Division 2 of, the Revenue and Taxation Code, to amend Sections 2104, 2105, 2106, and 2107of, to add Sections 2103.1 and 2192.4 to, to add Article 2.5 (commencing with Section 800) to Chapter4 of Division 1 of, and to add Chapter 2 (commencing with Section 2030) and Chapter 8.5 (commencingwith Section 2390) to Division 3 of, the Streets and Highways Code, and to amend Section 4156 of, and

to add Sections 4000.15 and 9250.6 to, the Vehicle Code, relating to transportation, making anappropriation therefor, and declaring the urgency thereof, to take effect immediately.

[Approved by Governor April 28, 2017. Filed with Secretary of State April 28, 2017. 1

LEGISLATIVE COUNSEL’S DIGEST

SB 1, Beau. Transportation funding.

(1) Existing law provides various sources of funding for transportation purposes, including funding for the statehighway system and the local street and road system. These funding sources include, among others, fuel excisetaxes, commercial vehicle weight fees, local transactions and use taxes, and federal funds. Existing law imposescertain registration fees on vehicles, with revenues from these fees deposited in the Motor Vehicle Account andused to fund the Department of Motor Vehicles and the Department of the California Highway Patrol. Existing lawprovides for the monthly transfer of excess balances in the Motor Vehicle Account to the State Highway Account.

This bill would create the Road Maintenance and Rehabilitation Program to address deferred maintenance on thestate highway system and the local street and road system. The bill would require the California TransportationCommission to adopt performance criteria, consistent with a specified asset management plan, to ensureefficient use of certain funds available for the program. The bill would provide for the deposit of various funds forthe program in the Road Maintenance and Rehabilitation Account, which the bill would create in the StateTransportation Fund, including revenues attributable to a $0.12 per gallon increase in the motor vehicle fuel(gasoline) tax imposed by the bill with an inflation adjustment, as provided, 50% of a $0.20 per gallon increasein the diesel excise tax, with an inflation adjustment, as provided, a portion of a new transportationimprovement fee imposed under the Vehicle License Fee Law with a varying fee between $25 and $175 based onvehicle value and with an inflation adjustment, as provided, and a new $100 annual vehicle registration feeapplicable only to zero-emission vehicles model year 2020 and later, with an inflation adjustment, as provided.

https://Ieginfo.legislature.ca.gov/faces/billTextclient.xhtml?bill id201 7201 80S81

CVDMAR 2 2Ut)

City ofSouth Gate Item No. 11CITY COUNCIL

CITYOFSOUTHGATE ,\ 7\JflTN TTflT iTOFFICE OF THE CITY MANAGJTJ .i LJL— JiFor the Regular Meeting of: March 26, 2019

Department: Public Works

City Manager[/7(Z1QLQ1/a(()

Michael Flat

SUBJECT: FREEWAY MAINTENANCE AGREEMENT WITH CALTRANS FOR 1-710SOUNDWALL CORRIDOR PROJECT

PURPOSE: The City entered into a Freeway Maintenance Agreement with Caltrans over 36 yearsago. Caltrans is requiring the City to renew the agreement. The renewal is a condition of approval thatCaltrans placed on the City’s 1-7 10 Corridor Soundwall Project (Project).

RECOMMENDED ACTIONS:a. Approve Freeway Maintenance Agreement with Caltrans to add maintenance provisions for the

new soundwall that the City is proposing to construct under the 1-710 Corridor SoundwallProject, City project No. 587-ST; and

b. Authorize the Mayor to execute the Freeway Maintenance Agreement in a form acceptable tothe City Attorney.

,.4\/IISCAL IMPACT: There is no fiscal impact. The funds needed to maintain the soundwall will bebudgeted as a part of the annual budget process. Annual maintenance costs are estimated to be in the

\i $3,000 range.

ALIGNMENT WITH COUNCIL GOALS: This Project meets the City Council’s goal for“Continuing Infrastructure Improvements.” The milestone identified in the Work Program is to “Workwith Caltrans to accelerate the construction of the 1-710 Corridor Soundwall Project.”

ANALYSIS: The City has been awarded $8,900,000 million to construct two soundwalls along theThunderbird Villa Mobile Home Park (Thunderbird Villas) frontage. One of the soundwalls will beconstructed on right-of-way that is owned by Caltrans (Caltrans Soundwall). Caltrans is allowing theCity to install the soundwall with the condition that the City be partially responsible for itsmaintenance.

The maintenance responsibilities required by Caltrans have been memorialized in the subjectFreeway Maintenance Agreement (Agreement).

BACKGROUND: The 1-7 10 Corridor Project is a multi-billion dollar undertaking to expand the 1-7 10Freeway from the City of Long Beach to the 60 Freeway. The project’s Environmental Impact Reportrecommended that soundwalls be constructed to shield adjacent residences from freeway noise. Twosoundwalls are proposed to be constructed in the City, adjacent to the Thunderbird Villas. The CaltransSoundwall will be located on the eastside W. Frontage Road, between Miller Way and SouthernAvenue. The other wall will be located on the west side of W. Frontage Road, between Miller Way andSouthern Avenue.

Department Director:Cervantes

I

The City is the lead agency for the construction of the Project. Metro is the fi.inding agency andCaltrans is the approving agency. As part of their approval, Caltrans is requiring the City to renew itsFreeway Maintenance Agreement. The proposed Agreement will supersede all prior maintenanceagreements dated November 22, 1982, November 25, 1957, and January 31, 1950.

The provisions of the new Agreement largely remain unchanged from the original agreement. Somehighlights are listed below.

• Caltrans and the City are responsible for the maintenance of the overcrossings located alongState Routes 105 and 710 Freeways. Caltrans is responsible for the maintenance of all portionsof the “underside” of the bridge crossings and the deck. City is responsible for all portions ofthe bridge deck facing the street such as road pavement, drainage controls, etc.

• City is responsible for debris removal, cleaning, and painting of any wall structure or columnfree of debris, dirt, and graffiti and any plantings or other types of roadside development lyingoutside of the area reserved for freeway use.

• Caltrans and the City are responsible for sharing the costs of construction, operations andmaintenance of traffic controls (e.g. safety lighting, traffic signals, etc.) needed to operate Citystreets and interchanges at the State Routes 105 and 710 Freeways.

• State will assume control and maintenance of the bridges adopted as a part of State Route 105and 710 Freeways as shown in Exhibit A located at: 1-710 Imperial Highway Overcrossing, Br.No. 53-0827, Miller Way Undercrossing Br. No. 53-0829, Firestone Boulevard OvercrossingBr. No. 53-0831 and State Route 105 at Paramount Boulevard Overcrossing Br. 53-2425.

• Caltrans and the City will defend, indemnify and hold harmless each other from all claims,suits or actions brought forth by reason of anything done by each other’s agency and itsrepresentatives.

The proposed Agreement also outlines the City’s and Caltrans’ role in the maintenance of the CaltransSoundwall. Highlights of the new provisions are listed below.

• The City is responsible for the maintenance of the side of the soundwall facing the roadway.This includes graffiti abatement, landscaping and irrigation. It also includes maintenance of anyparkway area constructed for the benefit of the City’s roadways such as curbs, gutters, etc.

• Similarly, State is responsible for the side of the soundwall facing the freeway. This includesgraffiti abatement, roadway debris removal, cleaning, painting, etc.

• Caltrans is responsible for any damage to the wall caused by incidents that originate from thefreeway. The City is responsible for damage to the wall from incidents that arise from theCity’s roadway.

ATTACHMENTS: A. Proposed Freeway Maintenance AgreementB. Location MapC. Caltrans Exhibit AD. South Gate Exhibit AE. 1982 Freeway AgreementF. 1957 Freeway Maintenance AgreementG. 1950 Freeway Agreement

ES:lc

Freeway Maintenance Agreement with Entire City of South Gate

FREEWAY MAINTENANCEAGREEMENT

WITHCITY OF SOUTH GATE

THIS AGREEMENT is made effective this

______

day of

___________,

2019; by and betweenthe State of California, acting by and through the Department of Transportation, hereinafterreferred to as “STATE” and the CiTY of South Gate; hereinafter referred to as “CITY” andcollectively referred to as “PARTIES”.

SECTION 1RECITALS

1. WHEREAS, on November 22, 1982 a Freeway Agreement was executed between CITY andSTATE, wherein the PARTIES consented to certain adjustments of the local street and roadsystem required for the development of that portion of STATE Highway Route (SR) 105 withinthe jurisdictional limits of the CITY as a freeway; and

2. WHEREAS, on January 31, 1950 and October 20, 1955, Freeway Agreements were executedbetween CITY and STATE, wherein the PARTIES consented to certain adjustments of thelocal street and road system required for the development of that portion of STATE HighwayRoute (SR) 710 within the jurisdictional limits of the CITY of South Gate as a freeway; and

3. WHEREAS, in connection with the 1950 and 1955 Freeway Agreements, CITY and STATEentered into a Freeway Maintenance Agreement dated November 25. 1957, which allocatedbetween CITY and STATE certain maintenance responsibilities as to SR 710; and

4. WHEREAS, this Agreement supersedes in its entirety said Freeway Maintenance Agreementdated November 25, 1957 in order to, among other things expand the PARTIES’ maintenanceobligations to include both SR 710 and SR 105 (sometimes collectively referred to herein asthe “FREEWAYS”).

5. WHEREAS, recent adjustments to the FREEWAYS have now been completed, or are nearingcompletion, and the PARTIES hereto mutually desire to identify the maintenanceresponsibilities for improvements to separation structures and landscaped areas lying withinthose modified limits of the FREEWAYS; and

6. The degree or extent of maintenance work to be performed, and the standards therefore, shallbe in accordance with the provisions of Section 27 of the Streets and Highways Code and thethen current edition of the State Maintenance Manual published by the California Departmentof Transportation. Streets and Highways Code Section 27 defines “maintenance” as follows:

As used in the general provisions and in Divisions I (commencing withSection 50), 2 (commencing with Section 900), and 2.5 (commencing withSection 1800), “maintenance” includes any of the following:

4735832.1 -- L235.53


(a) The preservation and keeping of rights-of-way, and each type ofroadway, structure, safety convenience or device, planting, illuminationequipment, and other facility, in the safe and usable condition to which ithas been improved or constructed, but does not include reconstruction orother improvement.

(b) Operation of special safety conveniences and devices, and illuminatingequipment.

(c) The special or emergency maintenance or repair necessitated byaccidents or by storms or other weather conditions, slides, settlements, orother unusual or unexpected damage to a roadway, structure, or facility.

The degree and type of maintenance for each highway, or portion thereof,shall be determined in the discretion of the authorities charged with themaintenance thereof, taking into consideration traffic requirements andmoneys available therefor.

7. WHEREAS, pursuant to Section 4 of the above-referenced 1950 Freeway Agreement andSection 6 of the above-referenced 1982 Freeway Agreement, CITY has resumed or will resumecontrol and maintenance over each of the affected relocated or reconstructed CITY streets,except for those portions adopted as a part of the FREEWAYS proper. For ease of reference,the full text of hose paragraph’s 4 and 6 are set forth below as follows:

4. The City will assume control and maintenance over each of the relocatedor reconstructed City streets and of the outer highways on notice to the Cityof South Gate from the State that the work herein provided for on such Citystreets has been completed, except as to any portion thereof which isadopted by the State as a part of the freeway proper.

6. CITY, after inspecting the contract work and insuring that the work iscomplete and in accordance with the plans and specifications, will acceptcontrol and maintenance over each of the relocated or reconstructed CITYstreets, frontage roads, and other STATE constructed local streets on receiptof written notice to CITY from STATE that the work thereon has beencompleted except for any portion which is adopted by STATE as part of thefreeway proper. CITY will accept title to the portions of such streets lyingoutside the freeway limits when relinquished by STATE in accordance withconditions agreed upon by both parties.

24735832.1 -- L235.53

4


NOW THEREFORE IT IS AGREED:

SECTION IIAGREEMENT

1. CiTY agrees to continue its control and maintenance of each of the affected relocated orreconstructed CiTY streets and roads as shown on that plan map attached hereto, markedExhibit A, and made a part hereof by this reference.

2. STATE agrees to continue control and maintenance of those portions adopted as a part of SRs105 and 710 FREEWAYS proper as shown Exhibit A.

3. if there is mutual agreement on the change in the maintenance duties between PARTIES, thePARTIES can revise Exhibit A by a mutual written execution of a new or amended Exhibit A.

4. When another planned future improvement has been constructed and/or a minor revision hasbeen affected within the limits of either of the FREEWAYS herein described which will affectthe PARTIES’ division of maintenance responsibility as described herein, STATE will providea new dated and revised Exhibit A which, upon CiTY’s written approval, will thereaftersupersede the attached original Exhibit A and become part of this Agreement.

5. CiTY and STATE agree to accept their then respective operational and maintenanceresponsibilities and related associated costs thereof in the event jurisdictional boundaries ofthe PARTIES should change and Exhibit A is amended to reflect those changes.

6. CiTY must obtain the necessary Encroachment Permits from STATE’ s District 07Encroachment Permit Office prior to entering STATE right of way to perform CiTYmaintenance responsibilities. This permit will be issued at no cost to CiTY.

7. VEHICULAR AND PEDESTRIAN OVERCROSSINGS

7.1. STATE will maintain, at STATE expense, the entire structure of any STATE constructedvehicular and pedestrian overcrossings of SRs 105 and 710 below the deck wearingsurface and any wearing surface treatment thereon.

7.2. CiTY will maintain, at CITY expense, the deck wearing surface and structural drainagesystem (and shall perform such work as may be necessary to ensure an impervious and/orotherwise suitable surface) and all portions of the structure above the bridge deck,including, but without limitation, lighting installations, as well as all traffic servicefacilities (sidewalks, signs, pavement markings, bridge rails, etc.) that may be required forthe benefit or control of traffic using that overcrossing.

7.3. As directed by section 92.6 of the Streets and Highways Code, at locations determined bySTATE, screening shall be placed on STATE FREEWAYS overpasses on whichpedestrians are allowed. All screens installed under this program will be maintained bySTATE, at STATE expense.

3473832 I -- L235.53

5


8. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS

8.1. STATE will maintain the entire structure of all STATE-constructed vehicular andpedestrian undercrossing of STATE FREEWAYS except as hereinafter provided.

8.2. CITY will maintain the roadway sections, including the traveled way, shoulders, curbs,sidewalks, wall surfaces (including eliminating graffiti), drainage installations, lightinginstallations and traffic service facilities that may be required for the benefit or control oftraffic using that undercrossing.

8.3. CITY will request STATE’s District Encroachment Permit Engineer to issue the necessaryEncroachment Permit for any proposed change in minimum vertical clearances betweenCITY roadway surface and the structure that results from modifications to the roadway(except when said modifications are made by STATE). If the planned modifications willresult in a reduction in the minimum clearance within the traveled way, an estimate of theclearance reduction must be provided to STATE’s Transportation Permit Engineer priorto starting work. Upon completion of that work, a vertical clearance diagram will befurnished to STATE’s Transportation Permit Engineer that shows revised minimumclearances for all affected movements of traffic, both at the edges of the traveled way andat points of minimum clearance within the traveled way.

9. WALLS AND COLUMNS — CITY is responsible for debris removal, cleaning, and paintingto keep CITY’s side of any wall structure or column free of debris, dirt, and graffiti, and STATEis responsible for doing so on STATE’s side of any wall structure or column.

10. LANDSCAPED AREAS - CITY is responsible for the maintenance of any plantings or othertypes of roadside development lying outside of the fenced right of way area reserved forexclusive FREEWAYS.

11. iNTERCHANGE OPERATION - It is STATE’s responsibility to provide efficient operationof FREEWAYS interchanges, including ramp connections to local streets and roads.

12. ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES

12.1. The cost of installation, operation, maintenance, repairs, replacement and energy costsof safety lighting, traffic signals or other necessary electrically operated traffic controldevices placed at interchanges of SRs 105 and 710 FREEWAYS and CITY streets androads and at ramp connections or SRs 105 and 710 and CITY facilities shall be shared bythe PARTIES. A separate “Shared Cost Electrical Agreement” was executed on November18, 2002, allocating these costs between the PARTIES.

12.2. Timing of traffic signals, which shall be coordinated with CITY to the extent that noconflict is created with FREEWAYS operations, shall be the sole responsibility ofSTATE.

44735832.1 -- L23553

4,


13. LEGAL RELATIONS AND RESPONSIBILITIES

13.1. Nothing within the provisions of this Agreement is intended to create duties orobligations to or rights in third parties not PARTIES to this Agreement or to affect thelegal liability of a PARTY to the Agreement by imposing any standard of care with respectto the operation and maintenance of STATE highways and local facilities different fromthe standard of care imposed by law.

13.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damageor liability occurring by reason of anything done or omitted to be done by STATE, underor in connection with any work, authority or jurisdiction conferred upon STATE arisingunder this Agreement. It is understood and agreed that STATE shall fully defend,indemnify and save harmless CITY and all of their officers and employees from all claims,suits or actions of every name, kind and description brought forth under, including, butnot limited to, tortious, contractual, inverse condemnation and other theories or assertionsof liability occurring by reason of anything done or omitted to be done by STATE underthis Agreement.

13.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damageor liability occurring by reason of anything done or omitted to be done by CITY under orin connection with any work, authority or jurisdiction conferred upon CITY and arisingunder this Agreement. It is understood and agreed that CITY shall fully defend, indemnifyand save harmless STATE and all of its officers and employees from all claims, suits oractions of every name, kind and description brought forth under, including, but not limitedto, tortious, contractual, inverse condemnation or other theories or assertions of liabilityoccurring by reason of anything done or omitted to be done by CITY under thisAgreement.

14. PREVAILING WAGES:

14.1. Labor Code Compliance- If the work performed under this AGREEMENT is done undercontract and falls within the Labor Code section 1720(a)( 1) definition of “public works”in that it is construction, alteration, demolition, installation, or repair, or if the workperformed under this AGREEMENT is done under contract and constitutes maintenancework under Labor Code section 1771, then in either such case CITY must conform to theprovisions of Labor Code sections 1720 through 1815, and all applicable provisions ofCalifornia Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7.CITY agrees to include prevailing wage requirements in its contracts for public work.Work performed by CITY’s own forces is exempt from the Labor Code’s Prevailing Wagerequirements.

14.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailingwage requirements in all subcontracts funded by this Agreement when the work to beperformed by the subcontractor is “public works” as defined in Labor Code Section1 720(a)( 1) or is maintenance work that is subject to Labor Code Section 1771.Subcontracts shall include all prevailing wage requirements set forth in CITY’s contracts.

54735832.1 -- I.235.53


15. INSURANCE:

15.1. SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of self-insuredcoverage providing general liability insurance, coverage of bodily injury liability andproperty damage liability, naming the STATE, its officers, agents and employees as theadditional insured in an amount of $1 million per occurrence and $2 million in aggregateand $5 million in excess. Coverage shall be evidenced by a certificate of insurance in aform satisfactory to the STATE that shall be delivered to the STATE with a signed copyof this Agreement in a form satisfactory to STATE, along with a signed copy of theAgreement.

15.2. SELF-INSURED using Contractor - If the work performed under this Agreement is doneby CiTY’s contractor(s), CITY shall require its contractor(s) to maintain in force, duringthe term of this agreement, a policy of general liability insurance, including coverage ofbodily injury liability and property damage liability, naming the STATE, its officers,agents and employees as the additional insured in an amount of $1 million per occurrenceand $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by acertificate of insurance in a form satisfactory to the STATE and shall be delivered to theSTATE with a signed copy of this Agreement.

16. TERMINATION - This Agreement may be terminated by timely mutual written consent byPARTIES, and CITY’s failure to comply with the provisions of this Agreement may begrounds for a Notice of Termination by STATE.

17. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown onits face sheet and shall remain in full force and effect until amended or terminated at any timeupon mutual consent of the PARTIES or until terminated by STATE for cause.

PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into thisAgreement and have delegated to the undersigned the authority to execute this Agreement on behalfof the respective agencies and covenants to have followed all the necessary legal requirements tovalidly execute this Agreement.

64735832.1 -- L235.53

a,


TN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year firstabove written.

THE CITY OF SOUTH GATE

By:MarIa Belén Bernal, Mayor

ATTEST:

STATE OF CALIFORNIADEPARTMENT OF TRANSPORTATION

LAURIE BERMANDirector of Transportation

By:.Deborah Wong, Deputy District DirectorMaintenance District 07

By:Carmen Avalos, City Clerk

(SEAL)

IN

AIPROVEDAS TO FORM

.: :.; .‘\, U4By:._-” .


AS TO FORM AND PROCEDURE:

By:AttorneyDepartment of Transportation

4735832.1—1.235.53 7

1-710 SOUNDWALL PROJECT

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07—LA-lOS R14..5/R14.8In the City of South GateBetween the city limit atCentury Boulevard and thecity limit at Ruther Avenua

FREEWAY AGREEET

ThIS GREiNT, made and entered into on this fn/ day of

i1,’per , 19Z_, by and between the STATE 0? CALIFORUIA,

acting by and through the Departrnent of Transportation (herein

referred to s SPATE9, an the CITY O’ SOUTh GATE (herein

referred to as CITY),

ZTESSETh:

‘HERSAS, the highway described above has been declared to be

a treeway by Resolution of the California tiigbway CoAnzainsion on

July 24, 1963; and

WiEREAS, STATt and CITY have entered into a Freeway Agreement

dated April 26, 1982, relating to that portion of State 3ighway

Route 105 from the South Gate city limit at Century Boulevard

to the South Gate city limit at Ruther Avenue; and

WBEEAS, a revised plan map for such freeway has been prepared

showing th proposed plan of the STATE as it affects streets of

the CITY; and

• (WHEREAS, it is the mutual desire of the parties hereto to

enter into a new Freeway Areernent in accordance with the revised

plan of said freeway:

1OW, TEERORE, IT IS AGREED:

1. This greement supersedes in its entirety said Freeway

Agreement dated April 26, 1982.

2. CITY agrees and consents to the closing of CITY streets,

relocation of CITY streets, construction of frontage roads and

other local roads, and other construction affecting CITY streets,

all as shown on said plan map attached hereto marked Exhibit A and

made a part hereof by this reference.

3. STATE shall, in construction of the freewa and at STATVS

expense, make such changes affecting CITY streets in accordance

witri the plan map attached hereto marked Exhibit A, and detailed

construction plans approved by the CITY prior to advertising.

4. STATE agrees to acquire all necensary right of way as may

be required for construction, reconstruction, or alteration of CITY

streets, frontage roads, and other local roads, and CITY hereby

authorizes SThTE to acquire in its behalf all such necessary right

of way.

5. It is understood between the parties that the right of way

may be acquired in sections or units, and that both a to the

—2—

/7

4C C

acguiition of right of way and the construction of the freeway

projects, the obligations of STATE hereunder shall be carried out

at such tite and for such unit or tnits of the projects a eunds

are budgeted and made lawfully available for such expenditures.

6. CITY, after inspecting the contract work and ineuring that

the work is complete and in accordance with the plans and

specifications, will accapt control and taintenance over each of

the relocated or reconstructed CITY streets, frontage roads, and

other 5ThTE constructed local streets on receipt of written notice

to CITY from STATE that the work thereon ha been completed except

for any portion whfch is adopted by SE as part of the freeway

proper. CITY will accept title to the portioa of such streets

lying outside the freeway limits when relinquished by STATE in

accordance with conditions agreed upon oy both parties.

7. This Agreement ay be modified at arty time by toe mutual

consent to the parties hereto, as may become neceaary for the best

accomplishment, through STATE and CITY cooperation, of the whole

freeway project for the benefit of the people of the STATE and of

the CITY.

—3-.

(IN WITNESS W1ERZOF, the parties hereto have caused this

Aqreeent to be executed by their respective duly authorized

of icer.

STATE O CALIPORThDepartment of Transportation

JOHN 3. KOZA<Director of Tran3portation

A? ?ROV ED

.uty L)itecto:

THE CITY O’ SOUTa GATE

ODELL L, SNWEIJ, Mayor/

By:CITY CLERK

APPR ED AS TO F

1LATtrORwE

(CITY)c

Ch ‘ , Divirin ot ProjectDeve lop!nent

APPROVED AS TO ORi:

/T(:ét

—4—

4

GEOMETRIC AGREEMENTCentury (105) Fwy(State of Calif,Dept of Transp)

EXCERPT FROM THE MINUTES OF THE SOUTH GATE CITY COUNCILREGULAR MEETING OF NOVEMBER 22, 1982

Submitted from the Chief Administrator was a report transmitting ageometric Agreement submitted by the State Department of Transportation (Caltrans) for the Century (105) Freeway project, to which wasattached a revised plan map for the Freeway as it affects streetsin the City of South Gate. It was stated in the report that theState has agreed to include half off—ramps at Garfield Avenue andParamount Boulevard and also access from Garfield Avenue to a fullinterchange from the Long Beach (7) Freeway to the Century (105)Freeway.

Mr. Dave Gilstrap, who was present in the audience representingCaltrans, made a brief presentation regarding the subjectagreement and answered questions from the Council.

It was moved by Mayor Snavely, seconded by Vice Mayor Gonzalezand, unanimously carried that that certain “FREEWAY AGREEMENT”by and between the State of California, Department of Transportation, and the City of South Gate, as submitted, relating to theconstruction of that portion of the Century (105) Freeway fromthe South Gate City limit at Century Boulevard to the South GateCity limit at Ruther Avenue (superseding the Freeway Agreementbetween the State and the City dated April 26, 1982), be and itwas approved, and the Mayor and City Clerk were authorized andinstructed to execute said document and the City Clerk to forwardthe Agreement for execution by the State Department of Transporta—t ion.

I, Janet Stubbs, City Clerk of the Cityof South Gate, California, do herebycertify that the foregoing is a full,true and correct copy of an excerptfrom the minutes of the regularmeeting of the City Council of saidCity held on November 22, 1982.Certified to on this 22nd day ofDecember, 1982.

Clerk of the City ofSouth Gate, California

(SEAL)

21

.‘ .

::•.

‘I..

07-LA-105 k1Z..5/R14.8In the City of South GateBetween the city limit atCentury Boulevard and thecity limit at Ruther Avenue

FREEWAY AGREEMENT

THIS AGREEMENT, made and eitered into on this 26 M day of

‘7 -, 19 9Z, by and between the ST.MTE OF CALIFORNIA,

acting by and through the Pprtment of Transportation (herein

referred to as “STATE”), and the CITY OF SOUTH GATE (herein

referred to as “CITY”),

WITNESSH:

WHEREAS, the highway described above has ‘been declared to be

a freeway by Resolution of tLe California Highway Commission on

July 24, 1968; and

WHEREAS, TATE and CITY have entered into a Freeway Agreement

dated Octobei 27, 1969, reL-ing to that portion of State Highway

Route 105 from the city limit at Century Boulevard to the. city

limit at Ruther Avenue; and

WHEREAS, a revised conc -tual plan map for such freeway has

been px’epared showing the piposed plan of the STATE as it affects

streets of the CITY; and

22-

WHEREAS, it is the mutual desire c the parties hereto to

enter into a new Freeway Agreement in accordance with the

resed conceptual plan of said freeway;

NOW, THEREFORE, IT IS AGREED:

1. This Agreement supersedes in its entirety said Freeway

Agreement dated October 27, l96.

2. CITY agrees and onsentto the closing of CITY streets,

and for carrying CITY st.ceets over or under or to a connection

with the freeway, all as shown on said plan map attached hereto

marked Exhibit A and made a part hereof by this reference.

3. STATE agrees that prior to beginning construction of the

freeway, if requested by CITY, STATE will prepare a new freeway

agvcement showing geometrical]y those features that are shown

symbolically on Exhibit A attached hereto.

4. STATE shall, in construction of the freeway and at STATE’S

expense, make such changes affecting CITY streets in accordance

wi1-i plan map attached hereto marked Exhibit A, and detailed

cons.ruction plans approved by the CITY prior to advertising.

5 STATE agrees t acquire all necessary right of way as may

be 4uired for construction, reconstruction, or alteration of CITY

streets, frontage roads, and other local roads, arid CITY hereby

authorizes STATE to acquire in its behalf all such necessary right

of way.

-2-2

•a.

It is understood between the parties that the right of way

may be acquired in sections or units, and that both as to the

acquisition of right of way and the construction of the freeway

projects, the obligations of STATE htreunder shall be carried out

at such time and for such unit or uns of the projects as funds

are budgeted and made lawfully available for such expenditures.

7. CITY, after inspecting the contract work and insurIng that

the work is complete and in accordance with the plans and specifications,

wilJ. accept control and maintenance over each of the relocated or

reconstructed CITY streets, frontage eoacls, and other STATEconstructAci

local streets exclusive of transit stations and park-and-ride

facilities on receipt of written notice to CITY from STATE that the

work the’-eon has been completed except for any portion which is

adopted by STATE as part of the freeviay proper. CITY will accept

title to the portions of such streets lying outside the freeway

limits when relinquished by STATE ir accordance with conditions agreed

upon by both parties.

8. The grade separations shown on plan map Exhibt A will

etther be undererossings or overcrossings as detailed engineering

studies may determine will best fit the locality.

9. This Agreement may be modIfd at any time by the mutual

consent pf the parties hereto, as my become necessary for the

best accomplishment, through STATE and CITY cooperation, of the

whole freeway project for the benefit of the people of the STATE

and of the CITY.

24

S •

IN WITNESS WHEREOF, the parties hereto have caused this

Agreement to be executed by their respective duly authtrized

‘ficers.

SiTE OF CALIFORNIADepartment of Transportation

‘onFacilities Design

&FROVED AS TO FORN:

(StateD 7

THE CITY OF SOU1T GATE

By

Ocl’eli L. .naviy

By•CLerk

OV AS TO FORM:’ (5)

At7P

S

_4—F) S S

S S S - S — SS55,S5 555 555

•S

5SS,5

- S

EXCERPT FROM TW’ MINUTES OF THE SoUTH GATE CITY COUNCILREGU1AR MEETING OF APRIL 26, 1982

Submitted ‘.otn the Chief Administrator was a report recommendingapproval o’ the symbol Agreement with the State Department ofTransportttion (Caltrans) for the Century Freeway.

Mr. Ueinz Reckeroth, District Director for Caltrans, who was presentin the au_i.nce, stated that they recognize the City’s concernsabout the - affic service to the Hollydale area and to AlamedaStreet and that they re willing to work with the City regardingthe ramps in the Ho11!rdale and Alameda Street areas and that theywill come back to the City later this year with a geometric agrezment showlmg the details of the ramp system within the City; andhe answered questions from the Council concerning the timetableand other ttails of the subject project.

Present in the audience and speaking in regard to this matter we’the foflong persons: John Harti, 6146 Gardendale Street; LouiseJeffries, 6167 Nevada Avenue; inthoay Finochio, 10300 Orange Avenue;Carol Knight, 3339 Cherokee Avenue; and Joan King, 8625 San LuisAvenue. -

It was mo..d by Counci1me De Witt, seconded by Vice Mayor Gonzalzand carried, Càuncilman Moore voting No, that that certain“FREEWAY AGREEMENT” by and between the City of South Gate and tiState of Califorvia Department of Transportation (07—LA—lOSR14.5/R14..8), as presented, relating to the construction of theRoute 1—105 (Century) Freeway between the City limit at CenturyBoulevard and the City limit at Ruther Avenue, be and it wasapproved, and the Mayor and City Clerk were authorized and instructedto execute same on behalf of the City and the City Clerk to makcdelivery thereof for -execution by the State of California Departxmrntof Transportation.

I, Janet Stubbs, City Clerk of the Cityof South Gate, California, do herebycertify that the foregoing is a full,true and correct copy of an excerptfrom the minutes of the regular meetingof the City Council of said City heldon April 26, 1982. Certified to onthis 10th day of May, 1982.

t’ty Clerk of the City ofSouth Gate, California

FREEW AGREEMENTCent’s (1—105)Free(Sca of CalifDept Transportation)

,1S

:.

I’.

(SE.AL’)

it

P1OGRAIS a

1 07-LA-l05 RlL/R16.GEotween the city IThit atCentury Lou1evard endthe city 1 i it at uthr

3 Avenue

4

5 FREEWAY_AGREEEIT

6 THIS AGEE;EI1T, made and itered into in duplicate on this

7 _27 day of4, 19Z by and betieen the STATE

8 OF CALIFORIIA, acting by and throejh the Departent of Public Works,

9 Division of Hihwys, herein referred to as the “SThTE” and the

10 City of South Gate, herein referred to as the UCITY,

11 UITlESSETH:

12 WHERErS, the California Hiohiy Co:iission on 3uly 24, V68,

13 passed a resolution cieclarin that Fertion of route 105 Los

14 Angeles County and ia the Cities of Los An3eias, Lyntood, Paraut,

15 South Gate, LOiUy aid Norwalk between Central Avenue and Route

16 605 to be a froway, and

17 WHLP.EAS, a map has been prepared shouing the effect of the

18 proposed Stete freezay upon the streets of the City, includinj

19 priwisions for closing City streets, and for carryiij City streets

20 over or under or to a connection with such frcway,

21 THEREFC’.E IT IS ACRELD:

22 1. The City agrees and consents to the closing of City streets

23 and for carrying City streets over or under or to a connection

24iit!i the freeuay, all as shown on said nap attached hreto nrked

25Exhibit A on Route 106 between tie city li It at Century Boulevard

26and te city limit at Ruther Avenue.

272. The State in the construction oF said free’:ey will, at

28the States expanse, underteke to close City streets, or carry

City stre2ts o:a’ or uiur or to a cnnctio uith the fr:way,

30in acccrdnce with the wep attachea hereto or as tni a e

31

2?

1

2

3

4

5 hereafter be nodified by subsequent a!Jreenlent bet;een the parties

6 hereto.

7 3. The State agrees to acquire all necessary riçht of way

8 as may be required for construction affecting City streets, and

9 the City hereby authorizes the State to acquire in its behalf all

10 such necessary rijht of way.

11 4. The City wil,l accept control and maintenance over each

12 of the reconstructed City streets on notice to th City Engineer

13 fro3l te State that the work thereon has been corleted, except

14 as to any portion thereof which is adopted by the State as a part

of the freeway proper. The City will also accept title to the

16 portions of such City streets lying outside the frei’way lLits,

17 upon relinquishient by the State.

18 5. The grade separations shosn on Exhibit A will either be

19 undrcrossings or ovorcrossings as detailed engineering stuJies

20 may determine will best fit the locality. tt is understood that

21 -both as to the acquisition of right of way and the ciistruction

22 of the freeway projects, the oblftations of State herunder shall

23 be cartod out at such tine and for such unit or units of the projects

24as funds are budgeted and rrade lawfully available for such expn—

25ditures.

266. This agrorent nay be modified at any tii2 by the mutual

27consent of the parties hereto, as may become necessary for th

28best accoriplishent through State and City cooieration of tie whole

29frc!ay projt for the b3ef1t of th patnie of t;o Stvte and

30of the City.

31

-2- I

State of CaliforniaDe’artrrnt of PubUc Uorks

JAES A. OEDirector of Public torks

By

tiOV2 iFS

THE CITY OF SOUTH GJEA municipal corporation

c__(Attest :_“)4

APPROVED 9F-tI:;

J .—-

- 9 TfORNE

— / -

I -,.(d.

IN WJThESS WHEREOF, th parties hereunto have st their handsand seals th day above first writtrn,

APPROVED:

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APPROVED AS TO FORTI:

Attor1iey

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EXCERPT FRO1 THE !41NUT’S OF T1!E RGUTAfl CTTY COl;1CXT.MEETING OF tTO3ER 27, 1969

AGREENFNT Submitted from the Chief Administrator was a letter transmittingRoute 105 Fwy a Freeway Agreement with the State of Califorria covering the(St.Div of Hwys) construction of the Route 1.05 (Century) Freeway within the City

limits, and advising that he has made a request to the Divisionof Highways for the assistance of consultants employed by theState to aid the City in the study of the freeway impact on theHollyciale area.

On motion of Councflman Henville, seconded by Councilman Prukopand unanimously carried that certain “],‘REEWA AGREEh.NT” by andbetween the City of South Gate and the State of California, acting by and through the Department of Public Works, Division ofHighways, as pcsented, relating to the Route 105 Freeway betweenthe City limits of Century Boulevard and Ruther Aven.e, was approved,and the Mayor and City Clerk were authorIzed and instructed to execute saute on behalf of the City and the City Clerk to forward theAgreement for execution by the State and thereafter to retain acopy of said document in the office of the City Clerk.

Recognized in the audience and speaking in regard to the CenturyFreeway were: John Corrouh, Senior Planner for Victor GruenAssociates, Los Angeles who stated that his firm has beenretained by the Division of Highways as part of the design concept team to analyze the impacts and opportunities of the Freewayon the communities and will, act in the role of intermediary betweenthe State end the cities along the route which they wl1. contactwith the purpose of attempting to tailor the Freeway and the communities to the rI1aXLnltLLEI possible benefit of both; and Aiden Naughton,Division of Highways Project Design tngineer for the section of theCentury Freeway through South Gate, who further clarified the on-and off-ramp design affecting South Gate.

I, Janet Stubbs, Chief Deputy City Clerk ofthe City of South Gate, California, do herebycertify that the foregoing is afull, trueand correct copy of an excerpt from the minutesof the regular meeting of the City Council ofsaid City held on October 27, 1969. Certifiedto on this 5th day of Novemher, 1969.

Chfpf Deputy City Clerk of the City ofSouth Gite, C2liforCiS

(SEAL)

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J’F.474 OF CA’/FOAW/Acr/,wJ’J’ .44/0 T4,V.r.OF7AT/a4’ .46’e%’CYffA4’FMd%’7 Of rO.F.47/O,V

O7-IA-/os-e/4’.sft/d 8

ERLfW4Y1.4’ WF CITY OF J’O’7li 4T4’

S.’—’,—/Yt C/fl’ £4495 47 Ce//fl/5y e#WflAfl

Lv, e,rr /449” Ar Ac/Y4’1 AVLVOJ

COPY OF EXHIBIT MAPAPPENDED TO FREEWAY AGREEMENT

DATED A...-/ 2, /992

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2. The State w:..i antan at Stae’s mxpenae ai,. p..rtions

;f t.ni freeway a’ tnse portions of city a?.reets adoped her.by a

a ptrt of th freeway proper an aa colored in snd green r

the attached map Exhlcit

j. VEHICULAR OVERCHOSSINGS

The State will malrita:n, at State expense, the entire

structure Delow the ecc surface •xc.t as h.r.Inefter prvide.

The City wi. alntan at City .xpenae. the deck and ‘or surfacing

and shall perrorm ach as may he necessary to ensure an

iperv1ous aror .‘trwise auita.q sface. Tne C:.y w1 also

maintain.at city expense, ai p.rtons of’tne structure above he

brde 1ee’, as above •ec:fd,, as well s t. trffi- servire

facilities tnst be requlrel r the beneilt r cont.ri cf

street tratt’ic

FiflULAR !NrE k ;sIrs

The S*.ate wii malntalrt at StAte expense, the structure

proper. The &dwa sectiun, 1rwiudtn th. traveled way, shoulders,

ourbe, sidewalks1 walis, drainage inatllat1onn and trafi servie

rW’.lti.8, w1l. atatnei cy ri C1y, at City xpense.

5. PDSTHIAN VRSáINcS

Except f;r damage ti the atru2turv. røaultlng from fre.way

vehicular traffic, the City will maintain a. Dity se-”,

edestrtan overcrossirts in their ertlrety.

PEDESTRIAN Th-. SSINGS

The St-te iIi maintaIn, at State expetse, the structure

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RKSOLJT1ON NQ.___

R5cLUT1ON OY ‘HE CflY CQUNCfl. OP ThE CI1Y OP ATAPIJ4UV114U FREEWAY MA:NTENA AOHEEENT —

KkEAS, tne State aT Ca11forri1, throt4h its Departent

or Pb11 Works, Divion c Highways, has presented an agrernen1.

entitled r.eway MainL”ance Are.rn,nt” which coneerna State

ItIhway 1A7 • iithin the limits of the City of

____________

____________________

arid.

WHEHEAS, the City Co.m’11 haa neexd “cad sa1i een in

full and is faa1ii w.th ‘-“ contents tFerof.

TI4KREPQRE, te It resolved by tne City nciI of the CIty

of 3ML( 1* that said mante.ance areemenit be nd te

same in eretAy ipprcved i; the Mayor nd th Ci Cler)c are

directed La sign the arrie on br.a1t f sa1 uuflCil

AY

_______________

/ ,jI• (j( )‘ Lj’

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!y_’ / •— — / 7City

Attest:

LereLy certify tnat re foregoing reao1uionreguiarly passed by tne City Council of the City of_____________at a rguar meeting tiereof hed i

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49

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a conetrnot euch fi ncny t tnes. dn: :oa stage

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a the partlea thos the ,r!obt. of iay any be qS.re$ in nc

tiens or nite and ahnt, both as to tTh •asc4jiiaittszn of

a rtbt of way seM the conatruetIan ci’ ts freeway rrnJeot

t 2jaitxgs of $t&tei !:curiar ehail be carried cat

at CUt$ and fan such ul or uait of

an funds are brdpttd and an4 2aniUy send l14ils for

13 14 TIdI t14f the arau rasutt L.aan net

14 their !sdn and nestle the tsp stove first unitteaa

15

is ;iLibi Ui’ EZUIsCii4IA. ant$ut byAPt &iV ) . i. tt5 U ir’zt L

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, ,

ViI-I.A—167-SGt (Long Beach Frwy)1 !3etwBGfl the SOL t Impera1

Highway and the CL at the2 Southern Pctic tai1road

4 SUPPL NTAL FRE1AY AGREiT

5TiIS A(aLLr made aad entered into, .n duplicate,

6thl5 ;2t’?.aay OflØ_2:74_,1955, by and between the State

7of Caiiornia, acting by ard tirough. the Dopaz-tment of Public

8works, Division of Tiighways, hereinafter for convont.euce re-.: ferred to as “State,” axid the City of South Gate, hereinafter

for convenience referred to as “City,”II .

WITriDS3Ttt:ia

Wflt,ikA5, State and City have heretofore entered into‘3 I

a I’reeway Agreement dated January 31, 1950, relating to that1 4 :- : - : :: - - - - : - .

- .-- - - :: • - : . • - - ; - -

certain portion of State l’ighway Route 167 in the City ofJ_5

South Gate, between Imperial iighway and the .C.L. of South16

Gate; and- -

17 -

WIt?.iAS, the plan of conetruction, as sl’own on xhibit

18

1 - -

“A” attached to ead Agreement, has been altered in certain:: respects o.nce the date of execution of seid Agreement; and

?iwn L•t AS, a new plan map has been prepared showing the

alter.d plan of construction;

TtL’1,FOrL, I’ IS ACTL.E]):

1. t at the plan map attacned hereto, marked xhibit

‘A-i”, snail be substituted for Lxhibit “A” attached to the

Freeway Agreeinert dated January 31, 1950, and become a part

27of said Agreement for all purposes;

I 2. That except for the ubstatution of the revised

29plan map, said Ireewav Agreement dated January 31, 1950,

50sra].l remain n full force ana effect, unmodified by any

provislor of this Agreement.

—1—

7

. .9-2-55

City Engineer ery steted th .here s n error cii tnemap hrh is attacheci to and s a pert ci the SupmIemer1Freeway \grcevent which as at’proved by the (ounca1 at meeting of August 22 1955 The City Engineer then presented a likeAgreement ccritaining a corrected map lollowino a thscusslon atvas rioved by Mayor pro tern L;elimann end seconded by CouncalmanHutchinon iha the following resolution te adopted

HL:SQf_VED that that ‘ertaan mzrute eso3.utIonacwpted v/ this Council at its regulr rreetng ofugut 2 1q55 approviriq that certain ‘SUPLEt EN—T;L. FIEEA\ AGREE, EN7’1 cated August 22 lJ5 yarc: etcen the State of Calafornia acting b, andthrough thL PepeatmenL o Public \orics D.vazcnof Flagha and he City of bouth Ct1e relatingto trat certain portion of State Pagh’ -y oute fo167 .n the cltV of 3outi Cate oeteen InperialHajrn ay arid the northerly cIt. limits of the Cityof outh Cate b arc the same is hereby repealedsinout prejudac. io ever to the City onc.ltakn furrher arton ah reccrence to the uo—jact rratt’r reterre to in said :esolutcn

L)n roli ca.J tne motion to adopt ti-a fo’-egcinc resolution carriedby the fol1oang vote

‘es Councilmen Hutchirson and Hardy arid 4ayor proem neumann

CouncUmn paver .nd vor P’cknrnucih

it ar then no ed by cyor pro ten ‘‘ellrrann rd econdedLv (ouncaiman 1-ftitchinsop that he folio anq recution be adooted

flES’LVED tnat a copy of that certain “SUPPi.t—ti ThL FREEWAY 1kCE ENT b and Leten the Stateci C-’! fornia actan” by and through the nepartertof 1uolac cr.s Division of IIiuheyc nd the Catof South C-ate, relating to that certain portion ofstate hac1-ay flouta to 167 an he City of ScuthGate, California, betcen Impcrial Ttihray and thenorthLriy city lamats o South ( ate and hich said

Stir ‘i P F:Eay G9SE EiT” • ars the follow—ing legend on the ucrar ragh nand portIon of hefast page thereof to ‘at

VII-L 1o7-3Gt (LciD BEACH prn’)etetn the SCL at iincerjaj Hi2h/adrd thm NCL at the -‘outhorn acaficHailro-id’

se placed on fila ii’ the office of the Cty C1ckfor the -urposes of identification and reference;and

BE IT FUiTHER HESOLVED, that said “SUPPLEEN—TAL FREEWAY AGflEEENT.°. as so on file in the officerof said City Clerk be and the same is hereby referred to and by thisreferrtce incorporated hereIn and“ade a part 9ereof and

RE IT FURTVR Rh3CL’jED that the City Councilof the City of .ouh Cate California roes herebycc rove the saic “SUPPLf ENTAL FRfhAY AGBEE ENVan each ano evrry rartacular a—id does hereby author—ire nd instruct the ?-‘aar of said City to executeth” sed bUPPLEi’ET,L FRF1AY AGREE ‘ENT on behalfof said City arid in its name and the City Clerk toattLst the same and affix the official seal thereto‘nd

.::::; :: :::r .

: T r ‘ — :zc. c’ m .

sral anti du Lcate thereof togethcr aii t 0 ccrtitieQ copies of V ss resolutaon authorizing the e’ecu—tion of the said SUtPLEVFNTAL FREEvAt ,CREF ENT’ bedelivered to tne City Enganeer of the Ca4y of South.ate and that said City Engineer be and no is herebyauthorized aid directed to make delivery o saad exeouted ‘ si.wrLE LNTAL FRhFAY A(zrtr bNTI rJ of saidcertified cop_es of thas resolution rt oue course

01t roll c 1 the otion to adopt the forogono resoa.ution carraodby the o1lovino vote

Ayes Concalmr I-utc’-nnson ani ardy, and ayor protnrii I ellmann

i “sent Cocncilman eaver and “ayor 1 eckenpaugh

— vb-j ti

(i 3 —, ‘ — ifLi t\ E P ‘or Ip_r_i

SFP i-ic -or- i r -,

ODJtJ On %Jnfl pi -y Lla C t, cot’ is

1 egu r çpee a o September2o lC55 - -

4t1 )/

Cny of in b Crt cal forna

City ofSouth GateCITY COUNCIL

For the Regular Meeting of: March 26, 2019Department: Public Works

RCEVEDMAR 2 0 2019

OFF&OAcEAG]PNDA B IC ]LL

Item No. 12

Department Director: Ciiv Manager: a,AZ*id //4Michael Flad

SUBJECT: FUNDING AGREEMENT WITH CHARGEPOINT, INC. TO RECEIVE GRANTFUNDS FOR THE ELECTRICAL VEHICLE CHARGING STATIONS, CITY PROJECT NO.636-GEN AND CONSTRUCTION AGREEMENT WITH ABM ELECTRICAL ANDLIGHTING SOLUTIONS, INC.

PURPOSE: The City has been awarded grant funds to install electric vehicle charging stations at theCity Hall Complex and at the Field Operations Corporate Yard. A funding agreement and aconstruction agreement are necessary to install the charging stations.

RECOMMENDED ACTIONS:a. Approve Donation Agreement with ChargePoint, Inc., to receive a $7,210 grant from the

FivePoint EV Charging Station Donation Program and appropriate the grant to the ElectricVehicle Charging Stations, Project, City Project No. 636-GEN, Account No. 223-610-49-0995;

b. Approve Agreement with ABM Electrical and Lighting Solutions, Inc. for the construction ofthe Electric Vehicle Charging Stations, City Project No. 636-GEN (Project), in an amount not-to-exceed $189,503;

c. Transfer $7,000 in Water Funds from Account No. 411-731-71-6101 to the Electric VehicleCharging Stations Project, City Project No. 636-GEN, Account No. 223-610-49-9005;

d. Authorize the Mayor to execute the Agreements in a form acceptable to the City Attorney; ande. Approve the Notice of Exemption for this Project, and direct the City Clerk to file it with the

Los Angeles County Recorder’s Office.

(3cFISCAL IMPACT: There is no fiscal impact to the General Fund. The proposed budget is in theamount of $205,919, of which $191,709 is budgeted. A $7,000 transfer of Water Funds, and a $7,210appropriation of grant funds are needed to fully fund the Project. The proposed budget is summarizedbelow:

Account No. 223-610-49-9005MSRC AQMD Subvention ChargePoint WaterMeasure MGrant Fund Grant Fund Total(Budgeted)( Budgeted) ( Budgeted) (Appropriation) (Transfer)

Construction$77,400 $54,309 $0 $57,794 $0 $189,503Contract

Equipment $0 $0 $7,210 $0 $0 $7,210Project Management$0 $0 $0 $1,000 $3,000 $4,000& Inspection

Contingency $0 $0 $0 $1,206 $4,000 $5,206Total $77,400 $54,309 $7,210 $60,000 $7,000 $205,919

I

ANALYSIS: The charging stations are proposed to be purchased and installed through the purchasingprogram offered by Sourcewell. Sourcewell offers purchasing contracts that are competitively bid, inaccordance with the Uniform Municipal Contracting Law. This proposal is consistent with Sectionl.54.510D (Exemptions from formal and informal bidding procedures), of the South Gate MunicipalCode. This Section allows the use of a competitive bid process that was completed by anothergovernment agency and avoids spending City resources to repeat this process.

BACKGROUND: The Electric Vehicle Charging Stations Project (Project) is under way. The Projectentails installing charging stations at the Civic Center, Field Operations Corporate Yard, City Hall andthe Police Station. A funding agreement and construction agreement are necessary to implement theproject.

The ChargePoint electric vehicle charging system was selected from the Sourcewell program.ChargePoint infrastructure offers the most economical option on a per-port basis. It has a user-friendlyinterface and an easy to use mobile app. ChargePoint offers electric vehicle (EV) charging stationsworldwide. They design, build and support all of the technology that powers this network, fromcharging station hardware to energy management software to a mobile app.

ABM Electrical and Lighting Solutions, Inc., (ABM) was selected from the Sourcewell purchasingprogram. Founded in 1909, ABM has more than 30,000 employees in California and has performedturnkey installations of more than 8,000 electric vehicle charging stations, more than any othercontractor in the United States. ABM has been a Sourcewell contractor for four years, and hasperformed multiple projects for municipalities on the program, including recent and active EV projectsfor the cities of Signal Hill and Culver City. ABM is cost-competitive and provides outstandingpurchasing power to their customers. The contract amount was verified by Sourcewell’s contractAdministrator. ABM is the only certified company in California for the ChargePoint charginginfrastructure.

The City will receive a $7,210 grant for the project. A Donation Agreement is needed to accept thegrant. This Agreement partially funds the charging station proposed at the Civic Center site; provides aone-year warranty; and requires that the City subscribe to the ChargePoint Network CommercialService Plan for one year.

ChargePoint is the facilitator for the Fivepoint EV Charging Station Donation Program, offered byFivepoint. FivePoint donates funding to support the creation of a netzero community through thedevelopment of renewable energy sources and projects, like electric vehicles charging stations.

Pursuant to the guidelines of the California Environmental Quality Act (CEQA), this project iscategorically exempt under Title 14 of the California Code of Regulations, Section 15301, Class 3 (d)exemption for replacement for public utility services.

ATTACHMENTS: A. Proposed Agreement — ChargePoint, Inc.B. Proposed Agreement — ABM Electrical and Lighting Solutions, Inc.C. Location MapD. Notice of Exemption

AA:lc

z

FWEPO1NT EV CHARGiNG STATION DONATION AGREEMENT

This FivePoint EV Charging Station Donation Program Agreement (“Agreement”) is effective asof March 26, 2019 by and between ChargePoint, Inc., a Delaware corporation, with its headquarterslocated at 240 Hacienda Avenue, Campbell, California 95008 (“CPI”) and City of South Gate (“Owner”),a City of South Gate, a municipal corporation, with its located at [8650 California Avenue, City of SouthGate, CA 90280. CPI and Owner are each sometimes referred to herein as a ‘Party” and collectively as“the Parties.”

1. Charging Stations. Owner has been awarded one or more CPI electric vehicle charging stationsdescribed in this Section 1 (“Charging Stations”) under the FivePoint EV Charging Station DonationProgram. The Program has been funded in part by The Newhall Land and Farming Company LLC. Thecharging stations will be installed at the locations specified on Appendix A under this Agreement.

Product Name Product Description Product Code Quantity Unit Price Total Price

Dual Output Gateway

CT4021-GW1 Option USA, Bollard Unit- 00-400003-02 1 $7,210 $7,2102081240V @30A with Cord

Management

Grand Total: $7,210

2. Shipment and Delivery. Owner will pay for the cost of standard delivery charges of the ChargingStations to the locations designated by Owner in writing to CPI. CPI shall choose the method by whichCharging Stations are to be delivered.

3. Installation.

a. Installation of the Charging Stations shall be at Owner’s sole cost and expense. Installation of theCharging Stations may only be done by a CPI approved installer.

b. Owner agrees to cause the installation of the Charging Stations, and the provisioning of suchCharging Stations on the ChargePoint Network, within sixty (60) days following the delivery of theCharging Stations to Owner. In the event that the Charging Stations have not been installed by theexpiration of such sixty (60) day period, Owner shall be responsible for paying to CPI the manufacturer’ssuggested retail price for each of the Charging Stations. Owner shall provide proof or cause its installerto provide proof, to CPI that the Charging Stations have been installed within ninety (90) days of theirdelivery to Owner including an executed verification form in the form set forth in Appendix B. If Ownerso fails to cause the installation of the Charging Stations and provide proof thereof, CPI may invoiceOwner for the manufacturer’s suggested retail price of the Charging Stations. All invoices are due netthirty (30). In the event that Owner is having trouble arranging for the installation of the ChargingStations, Owner shall contact CPI as soon as possible so that the parties can cooperate to cause the prompt

installation of the Charging Stations. The Charging Stations are not to be removed from their packagingby any person other than the Installer.

4. Warranty/Limitation of Liability/Release of Claims Against Newhall. (a) Warranty. The ChargingStation is covered by the terms of CPI’s standard one year Parts Only Warranty (the “Warranty”). Allapplicable warranties with respect to the Charging Station are set forth in the Warranty, and are herebyincorporated by reference into this Agreement. (b) Disclaimer of Warranties. EXCEPT AS EXPRESSLYPROVDED IN THIS SECTION 4 AND iN THE WARRANTY, CPI MAKES NO WARRANTY WiTHRESPECT TO THE PERFORMANCE OF THE CHARGING STATION, THE CHARGEPOINTTM

NETWORK STANDARD SERVICES OR THE CHARGEPOINTTM NETWORK, WHETHEREXPRESS, IMPLIED, STATUTORY OR OTHERWISE. CPI EXPRESSLY DISCLAIMS ALL OTHERWARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS BY THE CHARGING STATION,MERCHANTABILiTY AND FITNESS FOR A PARTICULAR PURPOSE. CPI DOES NOTWARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF THE CHARGING STATION.(c) Limitation of Liability. (i) REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREINFAILS OF iTS ESSENTIAL PURPOSE OR OTHERWISE, iN NO EVENT WILL CPI BE LIABLEFOR ANY LOST REVENUE OR PROFIT, LOST OR DAMAGED DATA, BUSINESSiNTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED ANT) REGARDLESS OF THETHEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USETHE CHARGING STATION, THE CHARGEPOINT NETWORK, ANY CHARGEPOINT NETWORKSERVICE PLANS, OR OTHERWISE OR BASED ON ANY EXPRESSED, IMPLIED OR CLAIMEDWARRANTIES BY YOU NOT SPECIFICALLY SET FORTH IN THIS ADDENDUM. BECAUSESOME STATES OR JURISDICITON DO NOT ALLOW LIMITATION OR EXCLUSION OFCONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.(ii) YOUR SOLE REMEDY FOR ANY BREACH BY CPI OF ITS OBLIGATIONS ORWARRANTIES UNDER THIS AGREEMENT SHALL BE LIMITED TO, AT CPI’S OPTION,REPAIR OR REPLACEMENT OF THE CHARGING STATION. (d) Warranty Exclusions. ExclusiveRemedies. THE REMEDIES CONTAINED iN SECTION 4 ARE YOUR SOLE AND EXCLUSIVEREMEDIES AND ARE IN LIEU OF ANY OTHER RIGHTS OR REMEDIES YOU MAY HAVEAGAINST CPI WITH RESPECT TO THE PERFORMANCE OF THE CHARGING STATIONS, THECHARGEPOINTTM SERVICE PLANS OR THE CHARGEPOINTTM NETWORK. (e) Release of ClaimsAgainst Newhall. As consideration for Newhall’s agreeing to fund the donation of the Charging Stationsto Owner under this Agreement, Owner forever releases, discharges and disclaims any claims of anynature whatsoever against Newhall or any of its affiliates, officers, employees, directors, partners, ormembers arising from or related to the installation and use of the Charging Stations.

5. Network Access. As a part of the award, Owner shall subscribe, for a minimum period of one (1)year (the “Subscription Period”) to the ChargePoint Network Commercial Service Plan for use withOwner’s awarded Charging Stations. Owner iiiust keep the Charging Stations connected to theChargePoint Network throughout the entire Subscription Period. In order to access its service plan,Owner will be required to execute CPI’s standard Master Services and Subscription Agreement.

4

6. Access to Information. As part of the Program, CPI will report and release to Newhall, and suchother participants and partners of CPI in the Program as CPI shall determine necessary, all data andinformation relating to the use of Owner’s Charging Stations (the “Data”). The use of any of personallyidentifying information will be subject to CPI’s standard privacy policy (the “Privacy Policy”). ThePrivacy Policy is located on CPI’s web site and may be accessed at:https://www.chargepoint.comlprivacy/

7. Low Carbon Fuel Standard Credit. As a condition to participating in the Program owner agreesnot to claim any Low Carbon Fuel Standard Credits arising from the use of the Charging Stations.

8. Failure to Comply with Terms of the Program. In the event that Owner fails to (i) use a CPIauthorized installer or (ii) provide proof of installation, Owner shall reimburse CPI the manufacturer’ssuggested retail price for the Charging Station(s).

9. No Amendment or Modification. No modification, amendment or waiver of this Agreement shall beeffective unless in writing and either signed or electronically accepted by the party against whom theamendment, modification or waiver is to be asserted.

10. Waiver. CPI’s or Owner’s failure at any time to require performance of any obligation under thisAgreement will in no way affect the full right to require such performance at any time thereafter. CPI’s orOwner’s waiver of a breach of any provision of this Agreement will not constitute a waiver of theprovision itself. CPI’s or Owner’s failure to exercise any of its rights provided in this Agreement will notconstitute a waiver of such rights. No waiver will be effective unless in writing and signed by anauthorized representative of the party granting such waiver. Any such waiver will be effective only withrespect to the specific instance and for the specific purpose given.

11. Applicable law. This Agreement will be construed, and performance will be determined, according tothe laws of the State of California without reference to such state’s principles of conflicts of law and thestate and federal courts of California shall have exclusive jurisdiction over any claim arising under thisAgreement.

12. Waiver of Jury Trial. Owner and CPI each hereby waive any right to jury trial in connection with anyaction or litigation arising out of this Agreement.

13. Severability. Except as otherwise specifically provided herein, if any term or condition of thisAgreement or the application thereof to either Owner or CPI will to any extent be determined by anyjudicial, governmental or similar authority, to be invalid or unenforceable, the remainder of thisAgreement, or the application of such term or provision to this Agreement, Owner and CPI orcircumstances other than those as to which it is determined to be invalid or unenforceable, will not beaffected thereby.

14. Assignment. Owner may not assign any of its rights or obligations under this Agreement, whether byoperation of law or otherwise, without the prior written consent of CPI, except in connection with a saleor other transfer of Owner’s interest in the property on or about which the Charging Stations are beinginstalled, or as may be required by any current or future lender having a mortgage against the property onor about which the Charging Stations are being installed.

15. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall bedeemed an original, but all of which, taken together, shall constitute but one and the same document.Delivery of an executed counterpart of this Agreement by facsimile or electronic transmission in aPortable Document Format (“PDF”) shall be equally effective as manual delivery of an executedcounterpart of this Agreement and each such counterpart, whether delivered manually, by facsimile orPDF shall be deemed an original. Any party delivering an executed counterpart of this Agreement byfacsimile or PDF shall also manually deliver an executed counterpart of this Agreement, however thefailure to do so shall have no effect on the validity, enforceability or binding nature and effect of thisAgreement.

16. Priority. To the extent of any conflict or inconsistency between the terms and conditions of thisAgreement and any purchase order, the Agreement shall prevail. To the extent of any conflict orinconsistency between the terms and conditions of the Warranty and any purchase order, the Warrantyshall prevail.

SIGNATURE PAGE FOLLOWS

CHARGEPOINT, INC.

By:

City of South Gate

By:

(Signature)

Name:

Title:

______

Date:

(Signature)

Name:

Title:

Date:

AHEST:

By:_____


(SEAL)



Lb

APPEN1MX A - CHARGING STATION LOCATION

South Gate Civic Center, 8680 California Aye, South Gate, CA 90280

7

APPENDIX B - VERIFICATION FORM

To be completed after Construction

ELECTRIC VEHICLE CHARGING STATION VERIFICATION

This Electric Vehicle Charging Station Verification (“Verification”) is made on behalf of

_____________________

(“Owner”). By executing this Verification, Owner represents andwarrants as follows:

1. The following Electric Vehicle Charging Stations (“Charging Stations”) have been installed.

EVSE Make:EVSE Model:EVSE Serial Number:EVSE Functionality Level: Level 2Number of Parking Spaces Served:

2. The Charging Stations are located at the following address:

Street Address:City, State Zip Code:

Installation of these improvements is complete as of [insert date], and photographic evidence ofthe improvements’ installation is attached to this Verification.

I declare under penalty of perjury that I have the authority to execute this Verification on behalf of theContractor, and that the foregoing is true and correct.

Date: “Owner Representative”

By:

Name:

Title:

AGREEMENT

ELECTRIC VEHICLE CHARGING STATIONSCITY PROJECT, 636-GEN

THIS AGREEMENT for construction of ELECTRIC VEHICLE CHARGING STATIONS,CITY PROJECT NO. 633-GEN (“Agreement”), is made and entered into by and between theCity of South Gate, a municipal corporation (“Owner”), and ABM Electrical and LightingSolutions, Inc., a California corporation License No. 967676 (“Contractor”), on March 26, 2019.

The Owner and the Contractor mutually agree as follows:

ARTICLE I

THE PROJECT

For and in consideration of the mutual promises set forth herein, Contractor agrees with Ownerto perform and complete in good and workmanlike manner all work required by the ContractDocuments for City Contract No.

____,

which involves the following project:

ELECTRIC VEHICLE CHARGING STATIONSCITY PROJECT 636-GEN

Said work shall be performed in accordance with the Plans, Specifications, and other ContractDocuments, all of which are referenced in Article III hereof and incorporated herein as thoughfully set forth. Contractor shall furnish at its own expense all labor, materials, equipment andservices necessary therefore, except such labor, materials, equipment and services as arespecified in the Contract Documents to be furnished by Owner.

ARTICLE II

CONTRACT SUM AND PAYMENT

For performing and completing the work in accordance with the Contract Documents, Ownershall pay Contractor, in full compensation therefore, the contract sum of One Hundred Eighty-Nine Thousand Five Hundred and Three Dollars ($189,503) set forth in the Bid Schedule(s) thatare included among the Contract Documents. Said sum shall constitute payment in full for allwork performed hereunder, including, without limitation, all labor, materials, equipment, toolsand services used or incorporated in the work, supervision, administration, overhead, expensesand any and all other things required, furnished or incurred for completion of the work asspecified in the Contract Documents. Owner shall make payments to Contractor on account ofthe contract sum at the time, in the manner, and upon the conditions specified in the ContractDocuments.

Rev. 1/9/18 1

/t

ARTICLE III

CONTRACT DOCUMENTS

The Contract Documents, which constitute the entire agreement between the Owner and theContractor, are enumerated as follows: the Notice Inviting Bids, the Instructions to Bidders, theAccepted Proposal, the Bid Schedule(s), the List of Subcontractors, Contractor’s IndustrialSafety Record, the Contractors Qualification Statement, the Bid Security Forms for Check orBond, this Agreement Worker’s Compensation Insurance Certificate, the Performance Bond, thePayment Bond, the Non-Collusion Affidavit, the Specifications, and Special Provisions and alladdenda as prepared prior to the date of bid opening setting forth any modifications orinterpretations of any of said documents, and any and all supplemental agreements heretofore orherewith executed amending or extending the work contemplated and which may be required tocomplete the work in a substantial and acceptable manner, all of which are referred to as theContract Documents. These form the entire “Contract”, and all are as fully a part of the Contractas if attached to this Agreement or repeated herein.

ARTICLE IV

INDEMNIFICATION

The Contractor shall indemnify, hold harmless and defend (with counsel selected by the City ofSouth Gate), the City of South Gate and its affiliated entities, its officers, employees, consultantsand sub-consultants, their respective officers, agents, employees (collectively the “IndemnifiedParties”), from any and all claims and losses whatsoever occurring or resulting to any and allpersons, firms, or corporations furnishing or supplying work, services, materials, or supplies inconnection with the performance of this Agreement, any and all claims, lawsuits or actionsarising from the awarding or execution of this Agreement, and from any and all claims andlosses occurring or resulting to any person, firm, corporation or property for damage, injury,death arising out of or connected with the Contractor’s obligation to indemnify, defend and saveharmless the “Indemnified Parties” as stated hereinabove including, but not be limited to, payingall legal fees and costs incurred in connection with any such claims, losses, lawsuits or actions.THIS PROVISION SHALL SURVIVE THE COMPLETION OF WORK AND SERVICES TOBE PROVIDED UNDER THIS AGREEMENT AND THE OTHER CONTRACTDOCUMENTS.

Rev. 1/9/18 2

1/

ARTICLE V

EFFECTIVE DATE

This Agreement shall become effective and commence as of the date set forth below on whichthe last of the parties, whether Owner or Contractor, executs said Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed andattested by their proper officers thereunto duly authorized.

CITY OF SOUTH GATE:

By:____________________________MarIa Belén Bernal, Mayor

Dated:______________________________________

ATTEST:

By:_______________________Carmen Avalos, City Clerk

(SEAL)

APPROVED AS T FORM:

By:____aul F. Salinas, City Attorney

ABM ELECTRICAL AND LIGHTINGSOLUTION, INC., a California Corporation

By:_______________________________Joe Zentgraf

Title: Vice President

Dated:_________________________________________

Rev. 1/9/18 3

/2-

WORKER’S COMPENSATION INSURANCE CERTIFICATE

The Contractor shall execute the following form as required by the California Labor Code,Sections 1860 AND 1861.

I am aware of the provisions of Section 3700 of the Labor Codewhich require every employer to be insured against liability forworkers’ compensation or to undertake self-insurance inaccordance with the provisions of that Code, and I will complywith such provisions before commencing the performance of thework of this Contract.

DATED:____________________

ABM ELECTRICAL AND LIGHTINGSOLUTION, iNC., CONTRACTOR

By:_______________________Joe Zentgraf

Vice PresidentTitle

ATTEST:

By:_________________________Signature

Title

Rev. 1/9/18 4

/:3

INDEMNIFICATION AND LIABILITY iNSURANCE REQUIREMENTS

The following requirements must be met when submitting insurance certificates to the City ofSouth Gate in connection with Public Works and other projects:

1. The insurance certificate must be issued to the City of South Gate, 8650 CaliforniaAvenue, South Gate, CA 90280, attention of the City Engineer.

2. The City of South Gate, South Gate Housing Authority, and their officers, employees,elected officials, and agents must be shown as additional insured per ISO CG 20 10 1185, and separate endorsement signed by an authorized representative of the insurancecompany is required.

3. The City has the right to request a copy of complete insurance policy including allendorsements and certificates.

4. The Certificate must include cross liability coverage either included in the CommercialGeneral Liability coverage, and so indicate on the face of the Certificate under thatheading or by separate endorsement.

5. The Certificate should also indicate that the insurance covers “All Operations” or shouldspecify the particular services to be provided.

6. Contractor shall procure and maintain for the duration of the Contract ,insurance againstclaims for injuries to persons or damages to property which may arise from or inconnection with the performance of the work hereunder by the Contractor, his agents,representatives, employees or subcontractors.

Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrencefrom CG 0001).

2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering AutomobileLiability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California andEmployer’s Liability Insurance.

4. Course of Construction insurance covering for “all risks” of loss. Earthquake andflood insurance is not required to be furnished by the Contractor.

Rev. 1/9/18 5

/4

Contractor shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injuryand property damage. If Commercial General Liability Insurance or other formwith a general aggregate limit is used, either the general aggregate limit shallapply separately to the project which is the subject of this Agreement and thelocation where work thereunder is to be performed, or the general aggregate limitshall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and propertydamage.

3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

4. Course of Construction: Completed value of the project that is the subject of thisAgreement.

Deductibles and Self-Insured Retention

Any deductibles or self-insured retention must be declared to and approved by the City.At the option of the City, either the insurer shall reduce or eliminate such deductibles orself-insured retention as respects the City, its officers, officials, employees andvolunteers; or the Contractor shall provide a financial guarantee satisfactory to the Cityguaranteeing payment of losses and related investigations, claim administration anddefense expenses.

Other Insurance Provisions

The general liability and automobile policies are to contain, or be endorsed to contain, thefollowing provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered asinsurers with respect to liability arising out of automobiles owned, leased, hired orborrowed by or on behalf of the Contractor; and with respect to liability arisingout of work or operations performed by or on behalf of the Contractor includingmaterials, parts or equipment furnished in connection with such work oroperations. General liability coverage can be provided in the form of anendorsement to the Contractor’s insurance or as a separate owner’s policy.

2. For any claims related to the project that is the subject of this Agreement, theContractor’s insurance coverage shall be primary insurance as respects the City,its officers, officials, employees, and volunteers. Any insurance or self-insurancemaintained by the City, its officers, officials, employees, or volunteers shall beexcess of the Contractor’s insurance and shall not contribute with it.

Rev. 1/9/18 6

/6

3. Each insurance policy required by this clause shall be endorsed to state that coverageshall not be canceled, or modified, by either party, except after thirty (30) days’ priorwritten notice by certified mail, return receipt requested, has been given to the City.

Course of construction policies shall contain the following provisions:1. The City shall be named as loss payee.2. The insurer shall waive all rights of subrogation against the City.

Accentability of InsurersInsurance is to be placed with insurers with a current A.M. Best’s rating of no less thanA:VII.

Verification of CoverageContractor shall furnish the City with original certificates and amendatory endorsementseffecting coverage required by this clause. The endorsements should be on formsprovided by the City or on other than the City’s forms, provided those endorsements orpolicies conform to the requirements. All certificates and endorsements are to bereceived and approved by the City before work commences. The City reserves the rightto require complete, certified copies of all required insurance policies, includingendorsements affecting the coverage required by these specifications at any time.

SubcontractorsContractor shall include all subcontractors as insurers under its policies or shall furnishseparate certificates and endorsements for each subcontractor. All coverage forsubcontractors shall be subject to all of the requirements stated herein.

IndemnificationThe Contractor shall indemnify, hold harmless and defend (with counsel selected by theCity of South Gate), the City of South Gate, the City of South Gate Housing Authority,their consultants and sub-consultants, and their respective officers, agents, and employees,from any and all claims and losses whatsoever occurring or resulting to any and allpersons, firms, corporations or other entities furnishing or supplying work, services,materials, or supplies in connection with the performance of this Agreement, any and allclaims, lawsuits or actions arising from the awarding or execution of this Agreement, andfrom any and all claims and losses occurring or resulting to any person, firm, corporationor other entity, or property for damage, injury, death arising out of or connected with theContractor’s obligation to indemnify, defend and save harmless the City of South Gate,the City of South Gate Housing Authority, their consultants, sub-consultants, and otherparties listed above, as stated hereinabove shall include, but not be limited to, paying alllegal fees and costs incurred by legal counsel of the City of South Gate’s choice inrepresenting the City of South Gate, the City of South Gate Housing Authority,consultants and sub-consultants in connection with any such claims, losses, lawsuits oractions. THIS PROVISION SHALL SURVIVE THE COMPLETION OF WORK ANDSERVICES TO BE PROVIDED UNDER THIS AGREEMENT.

Rev. 1/9/18 7

/:

ELECTRIC VEHICLE CHARGING STATIONS

CITY PROJECT 636-GEN

FAITHFuL PERFORMANCE BOND

100% OF CONTRACT AMOUNT

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of South Gate (“City” herein) has awarded to ABM Electrical andLighting Solutions, Inc., (“Contractor” herein) a Contract for: construction of ELECTRICVEHICLE CHARGING STATIONS, CITY PROJECT NO. 633-GEN; and

WHEREAS, said Contract is incorporated herein by this reference; and

WHEREAS, said Contractor is required under the terms of said Contract to furnish abond for the faithful performance of said Contract;

NOW, THEREFORE, we, Contractor and

___________________________

asSurety, are held and firmly bound unto the City in the penal sum of One Hundred Eighty-NineThousand and Five Hundred and Three Dollars ($1895O3) lawful money of the United States,for the payment of which we bind ourselves, our heirs, successors, executors and administrators,jointly and severally, firmly by these presents.

The condition of this obligation is such that the obligation shall become null and void ifthe above-bounded Contractor, his or its heirs, executors, administrators, successors, or assigns,shall in all things stand to, abide by, well and truly keep and perform the covenants, conditionsand provisions in said Contract and any alteration thereof made as therein provided, on his ortheir part, to be kept and performed at the time and in the manner therein specified, and in allrespects according to their true intent and meaning, and shall indemnify and save harmless theCity, its officers, agents and employees, as therein stipulated; otherwise, this obligation shall beand remain in full force and effect.

As a part of the obligation secured hereby, and in addition to the face amount specified,costs and reasonable expenses and fees shall be included, including reasonable attorneys’ fees,incurred by the City in successfully enforcing the obligation, all to be taxed as costs and includedin any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration oraddition to the terms of the Contract, the work to be performed thereunder, or the specificationsthat accompany the Contract shall in any manner affect its obligations on this bond. The Suretyhereby waives notice of any such change, extension of time, alteration or addition to the terms ofthe Contract, the work, or the specifications.

Rev. 1/9/18 8

Note: All signatures must be acknowledged before a notary public. Attach appropriateacknowledgment.

CONTRACTOR:ABM ELECTRICAL AND LIGHTINGSOLUTIONS, INC.

By:

______________________

Joe Zentgraf


14201 Franklin AvenueTustin, CA 92780(Type address of Contractor)

(Type name of Surety)

(Type address of Surety)

By:_______________________(Signature of authorized officer)

(Title of officer)



Rev. 1/9/18 9

1


100% PAYMENT BOND

WHEREAS, the City of South Gate, South Gate, California (“City” herein), has awarded

to ABM Electrical and Lighting Solutions, Inc., (“Contractor” herein) a Contract for the workdescribed as follows:


WHEREAS, said Contractor is required to furnish a bond in connection with saidContract, to secure the payment of claims of laborers, mechanics, material suppliers and otherpersons, as provided by law;

NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firmly

bound unto the City in the sum of One Hundred Eighty-Nine Thousand and Five Hundred andThree Dollars ($1 89,503) for which payment well and truly to be made we bind ourselves, ourheirs, executors and administrators, successors and assigns, jointly and severally, firmly by thesepresents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, itsheirs, executors, administrators, successors, assigns, or subcontractors shall fail to pay any of thepersons named in Civil Code Section 9100(a), or amounts due under the UnemploymentInsurance Code with respect to work or labor performed under the Contract, or any amountsrequired to be deducted, withheld, and paid over to the Employment Development Departmentfrom the wages of employees of the Contractor and its subcontractors pursuant to Section 13020of the Unemployment Insurance Code, with respect to such work and labor, then the Suretyherein will pay for the same in an amount not exceeding the sum specified in this bond,otherwise the above obligation shall be void. If suit is brought upon this bond, the said Suretywill pay a reasonable attorney’s fee to the plaintiff(s) and the City in an amount to be fixed bythe court.

This bond shall inure to the benefit of any of the persons named in Civil Code Section9100(a) as to give a right of action to such persons or their assigns in any suit brought upon thisbond.

Said Surety, for value received, hereby stipulates and agrees that no change, extension oftime, alteration or modification of the Contract Documents or the work to be performedthereunder shall in any way affect its obligations on this bond, and it does hereby waive notice ofsuch change, extension of time, alteration or modification of the Contract Documents or of workto be performed thereunder.

IN WITNESS WHEREOF, this instrument has been duly executed by the above-named

Contractor and Surety on

____________,

2019.

Rev, 1/9/18 10

Note: All signatures must be acknowledged before a notary public. Attach appropriate

acknowledgment.

CONTRACTOR:

ABM ELECTRICAL AND LIGHTINGSOLUTIONS, INC.

By:

___________________

Joe Zentgraf


14201 Franklin AvenueTustin, CA 92780(Type address of Contractor)

(Type name of Surety)

(Type address of Surety)

By:___________________(Signature of authorized officer)

(Title of officer)



Rev. 1/9/18 11

NON-COLLUSION AFFIDAVIT TO BE EXECUTED BYEACH AWARDEE OF A PRINCIPAL CONTRACT

STATE OF CALIFORNIA ))SS.

COUNTY OF )

__________________________________

being first duly sworn, deposes and says that he is

_____________________________________

of

__________________________

(sole owner, apartner, president, etc.)

______________________________

the party making the foregoing bid,that such bid is not made in the interest of or behalf of any undisclosed person, partnership,company, association, organization or corporation, that such bid is genuine and not collusive orsham, that said bidder has not directly or indirectly induced or solicited any other bidder to put ina false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreedwith any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding,that said bidder has not in any manner, directly or indirectly, sought by agreements,communication or conference with anyone to fix the bid price of said bidder or of any otherbidder, or to fix the overhead, profit or cost element of such bid price, or of that of any otherbidder, or to secure any advantage against the public body awarding the Contract or anyoneinterested in the proposed Contract; that all statements contained in such bid are true and, further,that said bidder has not, directly or indirectly, submitted his bid price, or any breakdown thereof,or the contents thereof, or divulged information or data relative thereto, or paid and will not payany fee in connection therewith to any corporation, partnership, company, association,organization, bid depository or to any member or agent thereof, or to any other individual, exceptto such person or persons as have a partnership or other financial interest with said bidder in theirgeneral business.

Signed

____________________________________

Title

Subscribed and sworn to before me this

______

day of , 2019.

Notary Public

(Attach Notary Certificate)

Rev. 1/9/18 12

21

ATTACHMENT C — LOCATION MAP

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* PROPOSED CHARGINGSTA11ONS

Gateway Ac.rderrrc 9

Location Addresses:

(1) South Gate Field Operations Yard —4244 Santa Ana Street, South Gate, CA 90280(2) South Gate Police Department —8620 California Avenue, South Gate, CA 90280(3) South Gate City Hall Parking Garage — 8650 California Avenue, South Gate, CA 90280(4) South Gate Civic Center — 8680 California Avenue, South Gate, CA 90280

ECEVED City ofSouth Gate Item No. 13MAR 2 0 2O1 CITY COUNCIL

CITYOFSOUTHGATE A i1F1T A DOFNCEOFTHEClTYMANAGJJj A DIr5ftr1

For the Regular Meeting of: March 26, 2019Originating Department: Administrative Services

Department Director: / t?c!k71ZLy(J Jackie Acosta

SUBJECT: AMENDMENT NO. 1 TO CONTRACT NO. 3229 WITH THE PUNGROUP, LLP, EXTENDING ANNUAL FINANCIAL AUDITING SERVICES

PURPOSE: To extend the Professional Services Agreement with The Pun Group, LLP, toprovide financial auditing services to the City of South Gate for an additional two fiscal years.

RECOMMENDED ACTIONS:a. Approve Amendment No. 1 to Contract No. 3229, Professional Services Agreement with

The Pun Group, LLP, extending financial auditing services for the fiscal years endingJune 30, 2019, and June 30, 2020, in the amounts not-to-exceed $65,564 and $67,531,respectively; and

b. Authorize the Mayor to execute Amendment No. 1 in a form acceptable to the CityAttorney.

FISCAL IMPACT: The fees for financial auditing services are included in the City’s annualbudget. The not-to-exceed cost will be $65,564 and $67,531 for the fiscal years ending June 30,2019, and June 30, 2020, respectively.

ANALYSIS: None.

BACKGROUND: On July 12, 2016, the City Council approved Contract No. 3229 with ThePun Group, LLP, a professional auditing firm, in the amount of $185,454, to provide financialauditing services to the City for the fiscal years ending June 30, 2016, June 30, 2017, and June30, 2018, with the option to extend for two additional fiscal years.

The Pun Group is knowledgeable in the laws and regulations governing governmentalaccounting. They have successfully completed the City audit for the last three fiscal years endingJune 30, 2016, June 30, 2017, and June 30, 2018, and assisted in the preparation of theComprehensive Annual Financial Report, which has been awarded the Certificate ofAchievement for Excellence in Financial Report for the past several years.

In consideration of the foregoing and to allow the FY 2018/19 audit process to begin as early asMay 2019, staff is requesting City Council’s approval to extend the Professional ServicesAgreement with The Pun Group, LLP, for two additional fiscal years.

ATTACHMENT: Amendment No. 1 to Contract No. 32291

Amendment No. 1to Contract No. 3229

AMENDMENT NO. 1TO AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF SOUTH GATE AND THE PUN GROUP, LLP,TO PROVIDE INDEPENDENT FINANCIAL AUDIT SERVICES

This Amendment No. 1 to Contract No. 3229, Agreement for Professional Services(“Agreement”) with The Pun Group, LLP, is made and entered into by and between the City ofSouth Gate (hereinafter referred to as “City”), and The Pun Group, LLP (hereinafter referred toas “Consultant”), on March 26, 2019.

City and Consultant agree as follows:

RECITALS

A. City and Consultant have previously executed that certain Agreement forProfessional Services, dated July 12, 2016, Contract No. 3229 (“Agreement”), relating toindependent financial audit services.

B. The Consultant’s original proposal included the option to extend the originalagreement for two additional fiscal years at a price of $65,564 for the fiscal year ending June 30,2019, and $67,531 for the fiscal year ending June 30, 2020 (attached hereto as Exhibit A).

C. City and Consultant desire to execute Amendment No. 1 to extend the services ofConsultant for the fiscal years ending June 30, 2019, and June 30, 2020, for a total cost of$133,095.

NOW, THEREFORE, CITY AN]) CONSULTANT AGREE AS FOLLOWS:

1.0 SCOPE OF CONSULTANT’S SERVICES. Consultant agrees to continue toprovide the services and perform the tasks as set forth in Attachment No. 1 to Contract No. 3229for the fiscal years ending June 30, 2019, and June 30, 2020. The Scope of Work may beamended from time to time by way of a written directive from City.

2.0 TERM OF AGREEMENT. This Agreement became effective on July 13, 2016,and will remain in effect through the completion of the audit for the fiscal year ending June 30,2020, unless otherwise expressly extended and agreed to by both parties or terminated by eitherparty as provided herein.

3.0 CITY AGENT. The Director of Administrative Services, for the purposes of thisAgreement, and Amendment No. 1 to this Agreement, is the agent for City. Whenever approvalor authorization is required, Consultant understands that the Director of Administrative Serviceshas the authority to provide that approval or authorization.

1 2

Amendment No. Ito Contract No. 3229

4.0 COMPENSATION FOR SERVICES. City shall pay Consultant for itsprofessional services rendered and costs incurred pursuant to this Amendment No. 1 inaccordance with Consultant’s fees and costs as specified in Recital B above and as attachedhereto as Exhibit A. No additional compensation shall be paid for any other expenses incurredunless first approved by the Director of Administrative Services.

5.0 EFFECT OF AMENDMENTS. Except as expressly amended herein, all otherterms and conditions of the Agreement and its Amendment, and Attachments and Exhibitsthereto, shall remain in full force and effect.

6.0 EFFECTIVE DATE. This Amendment No. 1 shall become effective as ofMarch 27, 2019.

CITY OF SOUTH GATE:

MarIa Belén Bemal, Mayor

Dated:________________________________

ATTEST:


(SEAL)

Ar:

Ra3l F. Salinas, City Attorney

CONSULTANT: THE PUN GROUP, LLP:

Kenneth H. Pun, Managing Partner

Dated:________________________________

2 3

Exhibit A

CITY OF SOUTH GATE

Proposal to Perform Financial Audit Services

Total All-Inclusive Maximuiri Price (Attachment 0)

Following are our total fixed fees the Fiscal Years Ending June 30, 2016 through 2018 with the option to extend thecontract for two (2) subsequent fiscal years. The cost proposal is on a fixed fee basis inclusive of all expenses andallocated as follows:

Appendl8 D

Summary of Professional Fees and Expenses

For the City of South GateTotal All-Inclusive Maximum Price

Fiscal Ycars EndIng 2016, 2017. 2015 and Optional Years 2019 & 2020

RFP NO. P104

91]I]UU

June 30. 2016 June 30. 20)7 June 30. 2018 June 30. 2019 June 30. 2020

City Audit 39.500 40.6$3 41.906 43.163 44.458

Successor .gcncv 3.000 5.130 5.305 5.464 5.628

Single Audit 6.000 6.180 6,363 6.556 6.753

)ANN Limit Review 2,500 2.575 , 2.652 2.732 2.814

housing Successor Compliance 3.500 3.605 3.7)3 3.823 3.939

State Controllers Raped 3.500 3.603 3.7)3 3.825 3.939

Tedal 560.000 561.800 563.634 565.564 567.53)

Based on the information provided by the City of South Gate and our understanding of the engagement, the City issubject to the Single Audit Act in accordance with 0MB Uniform Grant Guidance. The Single Audit fees are basedon (2) two major programs. If the City of South Gate applies for additional funding subsequent to the preparation ofthis proposal, the fee to audit additional major programs will be $4,000 each. The number of programs determinedto be major’ will be based on 0MB Uniform Grant Guidance. The Engagement Team will discuss this with theCity’s Management before starting Single Audit work

El

ciLII11

U19

1

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2

4

RECVD City ofSouth Gate Item No. 14CITY COUNCIL

D?TY ‘F SOUTH GATE iT D D 1T1T iT0FFjCoFmEclTyM -= ±LJL N D

For the Regul r Meetin,g of: March 26. 20190 gi ti Dep ent: Public Works

Department Director: Manager:

_______________________

Afluro ervantes Michael Flad

SUBJECT: REJECTION OF BIDS FOR THE CONSTRUCTION OF THE WALNUT

AVENUE RESTROOM BUILDING NO.5, CITY PROJECT NO. 628-PRK

PURPOSE: Due to issues with the bid packages, staff is recommending the rejection of the bids

received for the Walnut Avenue Restroom Building No. 5 Project. The Municipal Code requires thatthe bids be formally rejected by the City Council.

RECOMI’VIENDED ACTION: Reject all bids received in the City Clerk’s Office for the construction

of the Walnut Avenue Restroom Building No. 5, City Project No. 628-PRK.


ANALYSIS: The City Clerk’s Office received five bids for the Walnut Avenue Restroom Building

No. 5 (Project). The lowest bidder had a mathematical discrepancy and withdrew its bid. The second

lowest bidder (New Art Construction) submitted an incomplete bid package that was rendered non-

responsive bid. The third lowest bidder (Kasa Construction) was $93,280 (55%) higher than the lowest

bid. Another bid (Fleming Environmental) was not accepted because it was submitted after the bid

opening date. Further, Kasa Construction filed a Bid Protest. The table below provides a summary of

the bids and issues. Due to these discrepancies, staff is recommending that all bids be rejected.

No. Contractor Total Status

Engineer’s Estimate $75,000

1 Curato Design/Build Corp. $60,108.02 Withdrew Bid

2 Kasa Construction $93,280 Responsive Bid/Bid Protest

3 Senitica Construction $94,000 Responsive Bid

4 New Art Construction $62,400 Non-Responsive

5 Fleming Environmental Unknown Non-Responsive

Under the South Gate Municipal Code Section 1.54.475 (Rejection of Bids), the City has a right to

reject construction bids at its sole discretion. This right was further stipulated in the Notice of Inviting

Bids (See Attachment A) which was a part of the construction bid documents.

BACKGROUND: On February 21, 2019, the Notice Inviting Informal Bids for construction was

advertised to trade publication services and City website. On March 11, 2019, the City received four

bids in the office of the City Clerk of which two were deemed non-responsive. A fifth bid was received

in the City Clerk’s Office after the bid opening date. In summary, three out of the five bids submitted

had issues leaving two qualifying bids for consideration. The two qualifying bids were at least $30,000higher than the lowest bid and exceed the budget. Staff is recommending that all bids be rejected.

The Municipal Code has requirements for rejecting bids. One requirement is that the bids be formallyrejected by way of City Council action. Another requirement, the Municipal Code requires that theCity furnish a written notice to the apparent low bidder (in this case, Curato Design/Build Corp.) atleast two days prior to rejecting the bids. The Engineering Division issued such notice on March 20,2019, to Curato Design/Build Corp. (See Attachment C).

The low bidder submitted a bid bond. Staff is assessing the need to retain the bid bond. The bid bondcould cover the costs related to bidding the project.

The Walnut Avenue Restroom Building No. 5 is a part of the Capital Improvement Program. Theproject entails preparing the park site for a new, pre-fabricated restroom building. Work includes siteclearing, excavation, grading, and utility connections.

ATTACHMENTS: A. Notice of Inviting BidsB. Rejecting of Bids NoticeC. Location Map

ES:lc

NOTICE INVITING INFORMAL BIDS

WALNUT AVENUE RESTROOM BUILDING NO. 5CITY PROJECT No. 628-PRK

Bids for the “WALNUT AVENUE RESTROOM BUILDING NO. 5, PROJECT No. 628-PRK”will be received at the office of the City Clerk, City of South Gate, California, until 2:00 PM onMonday March II, 2019. Bids must be made on the forms provided for this purpose,addressed to the City Clerk, City of South Gate, marked “Bid For,” followed by the title of theproject and the date and hour for submitting bids. Bids are required for the entire work asdescribed in the Bid Schedule and the Specifications.

The contract documents (including plans and specifications) may be downloaded at no costfrom the City of South Gate’s website at: http://www.cityofsouthgate.org/bids.aspx. The projectentails, but not limited to the followings; Site clearing, excavation and grading,installation of sewer line and cleanouts, installation of electrical conduits and utilityconnection to the prefabricated restroom building and other miscellaneous work asindicated on the plans for site preparation for the installation of the prefabricatedrestroom (by others). Hard copies may also be obtained in person at the City of South GateDepartment of Public Works, 8650 California Avenue, South Gate, CA, 90280 for a non-refundable fee of $15.00 or requested by mail for a non-refundable fee of $25.00. Thedocuments are entitled: “WALNUT AVENUE RESTROOM BUILDING NO. 5, PROJECT NO.628-PRK”. Payments are acceptable for in the form of cash or check only. The Engineer’sestimate for the project is between $55,000 and $75,000.

Bids will not be received unless they are made on a proposal form furnished in the ContractDocuments by the City of South Gate. Each bid must be accompanied by cash, certified check,cashier’s check or bidder’s bond, made payable to the City of South Gate for an amount equalto at least ten percent (10%) of the amount bid, such guarantee to be forfeited should the bidderto whom the contract is awarded fail to enter into the Contract. All bids shall be valid for a periodof 90 days after City’s bid opening date, notwithstanding any award of Contract by the City toanother bidder.

A non-mandatory job walk is scheduled for Tuesday March 5, 2019 at 10:00 a.m. The jobwalk will be held at the South Gate Senior Center located at 4855 Tweedy Boulevard,South Gate, CA 90280.

Bids will not be accepted from contractors who are not licensed in accordance with theprovisions of Chapter 9, Division Ill of the Business and Professions Code of the State ofCalifornia. The Contractor shall be required to possess a. current “Classification A andlor B”,Contractor license for the aforementioned at the time the contract is awarded. Attention isdirected to the provisions in Sections 1777.5, 1777.6, and 1777.7 of the California Labor Codeand Title 8 of the California Administrative Code, Section 200, et seq., to ensure complianceand complete understanding of the law regarding the employment of apprentices by theContractor or any subcontractor under him.

No contractor or subcontractor may be listed on a bid proposal for a public works project(submitted on or after March 1, 2015) unless registered with the Department of IndustrialRelations pursuant to Labor Code section 1725,5 [with limited exceptions from thisrequirement for bid purposes only under Labor Code section 1771.1(a)1. No contractor or

subcontractor may be awarded a contract for public work on a public works project(awarded on or after April 1, 2015) unless registered with the Department of IndustrialRelations pursuant to Labor Code section 1725.5. This project is subject to compliancemonitoring and enforcement by the Department of Industrial Relations.

Before a Contract is entered into with the successful bidder, the bidder shall present evidence inwriting to the City Clerk, City of South Gate, that he/she has a current combined single limitliability policy with aggregate limits for Bodily Injury and Property Damage in the amount of onemillion dollars ($1,000,000).

Attention is directed to Government Code Sections 4590 and 14402.5 permitting the substitutionof specified and approved securities for contract retention of funds. All such securities shall besubject to the review and approval of the City Attorney for the City of South Gate. Thesuccessful bidder will be required to furnish a payment bond in an amount equal to one hundredpercent (100%) of the contract price, a faithful performance bond in an amount equal to onehundred percent (100%) of the contract price, and said bonds shall be secured from a suretycompany satisfactory to the City Attorney for the City of South Gate.

Apprenticeship Program: Attention is directed to Section 1777.5, 1777.6 and 1777.7 of theCalifornia Labor Code and Title 8 of the California Administrative Code, Section 200, et seq., toensure compliance and complete understanding of the law regarding apprentices.

Conflict of Interest: In the procurement of supplies, equipment, construction, and services bysub-recipients, the conflict of interest provisions in 24CFR 85.36, 0MB Circular A-i 10, and24CFR 570.611 shall apply. No employee, office, or agent of the sub-recipient shall participatein the selection, award, or administration of a contract supported by federal funds if a conflict ofinterest, real or apparent, would be involved.

The City of South Gate reserves the right to reject any and all bids, or delete portions of any andall bids or waive any informality or irregularity in the bid or the bid procedures and shall be thesole judge of the bids received.

If any interested person seeks additional information regarding this Notice Inviting Informal Bidson the proposed Project, please contact Mr. Elias Saikaly, P.E., Project Manager, duringregular business hours of the City of South Gate, 7 a.m. to 6 p.m., Monday through Thursday at(323) 563-9581 or by email at esaikaIysogate.org.

Notice given this 21st day of February 2019.

By order of the City of South Gate.

/ 1) iLCarmen Avalos, City CikCity of South Gate, CA

4

PUBLIC WORKS DEPARTMENTENmNEEPJNG DIvIsIoN

City of8650 CALIFORNIA AVENUE

South Gate• SOUTH GATE, CA 90280 • TEL: (323) 357-9657

FAX: (323) 563-9572

March 20, 2019

Mrs. Natalya CappelliniCurato Design/Built Corp.117 S. Harper AvenueLos Angeles, CA 90048

RE: Rejection of Bids: Walnut Avenue Restroom Building No. 5; City Project No. 628-PRK.

Dear Mrs. Cappellini,

On March 15, 2019, the City received a request from Curato Design/Built Corp. to withdraw itsbid for the Walnut Avenue Restroom Building No. 5; City Project No. 628-PRK due to amathematical error in the bid.

The City has evaluated the “Withdraw” request from Curato Design/Built Corp. and based onthis request along with other discrepancies in the overall bidding process, the City has decidedto reject all bids and re-advertise the project at a future date.

Please note that per California Public Contract Code Section 5105, a bidder who claims amistake in the bid and withdraws on his or her bid, shall be prohibited from participating infurther bidding on the project on which the mistake was claimed.

Should you have any questions, please contact Mr. Elias Saikaly, P.E. at (323) 563-9581 or byemail at [email protected]

Sincerely,

Clint Herrera,Assistant City Engineer P.E.

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RECEIVED Item No. 15City ofSouth Gate

MAR 1 1 ?M1 CITY COUNCiL

NJEQA Th3]ITDTL1For the Regular Meeting of March 26, 2019


DepartmentDirector: / z City Manager: 9A4ic

j Joe ‘ Michael Flad

SUBJECT: HOUSING ELEMENT ANNUAL PROGRESS REPORT 2018

PURPOSE: To submit the Housing Element Annual Progress Report (Housing Element APR) tothe State Department of Housing and Community Development (HCD) regarding the City’sprogress in implementing the Housing Element. Each jurisdiction is required to create an annualreport on the status and progress in implementing the housing element of its general plan. TheHousing Element APR submittal deadline is April 1, 2019.

RECOMMENDED ACTIONS:a. Receive and file the Housing Element Annual Progress Report for calendar year 2018; andb. Direct staff to provide a copy of the Housing Element Annual Progress Report to the State

Department of Housing and Community Development.


ALIGNMENT WITH COUNCIL GOALS: The filing of the Housing Element APR supportsthe goal of creating strong and sustainable neighborhoods. Monitoring housing developmentensures the City is making progress in the creation of new housing stock and working towardcreating greater housing opportunities for South Gate residents.

ANALYSIS: State law requires cities to provide an annual report to the legislative body (Mayorand City Council) on the status of its progress in implementing the Housing Element. Thesereports are required to be submitted to the HCD each year for the reporting period of theprevious calendar year by April 1st

The Housing Element APR was prepared using the standard forms developed by HCD and mustbe submitted either via their online portal or email. Included in this Agenda Bill is a summary ofthe City’s progress and the Housing Element APR is attached. The Housing Element APRdocuments the City’s progress implementing the Goals, Policies, and Programs within thecurrent Housing Element. The Housing Element APR also tracks the City’s progress indeveloping residential units in the various income categories pursuant to the City’s RegionalHousing Needs Allocation (RETNA).

State law (SB 35 of 2017) creates a streamlined approval process for developments in localitiesthat have not yet met their housing targets (i.e. RHNA), provided that the proposed development

1

is on an infihl site and complies with existing residential and mixed use zoning. Participatingdevelopments must include at least 10 percent of the units for lower income households. InFebruary 2018, HCD issued a memo documenting its methodology of determining eligibility forSB 35 processing, primarily using accomplishment data reported by jurisdictions via the HousingElement APRs. HCD memo also specifies that because the Southern California Association ofGovernments (SCAG) planning period for the fifth cycle of the Housing Element update beganon October 15, 2013, cities in the SCAG region would also receive credits for residentialbuilding permits issued during the last three months of 2013 (October through December).

A current Housing Element APR is also required to be eligible for state grant funding includingthe recent SB 2 funds.

SUMMARY OF PROGRESS

Attached to this report are a series of tables that constitute the State’s required format for aHousing Element APR:

• Table A: Housing Development Applications Submitted• Table A2: Annual Building Activity Report Summary• Table B: Regional Housing Needs Allocation (R}INA) Progress• Table C: Sites Identified or Rezoned to Accommodate Shortfall Housing Need• Table D: Program Implementation Status pursuant to Government Code Section 65583• Table E: Commercial Development Bonus Approved pursuant to Government Code

Section 65915.7• Table F: Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites

pursuant to Government Code Section 65583.1(c)(2).

RHNA Progress

As of December 31, 2018, the City has met 24.9 percent of its R1{NA as follows:

Income RHNA Units Permitted % AchievedRemainingRIINA

Very Low 314 22 7.0% 292Low 185 192 103.8% -7 (surplus)Moderate 205 82 40.0% 123Above Moderate 558 19 3.4% 539Total 1,262 315 24.9% 947Note: Surplus units in the Low Income category can be usea to meet the City ‘s Moderate Incomehousing needs.

As shown in Table B of the attached report, there were 26 new moderate income units (25accessory dwelling units and one small added multi-family unit) and two new single family unitscategorized as above-moderate income. Comparatively, last year there were 14 new moderateunits and four above-moderate units. As a result, the remaining RHNA units has decreased from975 units last year to 947 units, a difference of 28 units.

2

RHNA Cycles

Each Housing Element update cycle is accompanied with a RHNA. The RHNA planning period,however, does not usually coincide with the Housing Element planning period precisely. Thefifth Housing Element update is as follows:

• Housing Element Planning Period: October 15, 2013 through October 15, 2021• RHNA Planning Period (5th Cycle): January 1, 2014 through October 31, 2021

Community Development Department staff is currently working with SCAG staff in developingthe 6th Cycle RHNA, which will cover the period of October 2021 through October 2029.

Key Program Accomplishments 2018

• Affordable housing opportunities: approval of 60-unit Path Villas• Other housing opportunities: Approval of the 91 unit apartmentJcommercial mixed use

project at 9923 Atlantic; approval of 25 accessory dwelling units (ADUs); approval oftwo single family units; and approval of one added unit on a multi-family lot

• Continued to provide home improvement loans to 8 income-eligible households• Completing work on the Tweedy Boulevard Specific Plan and the Gateway District

Specific Plan• The City continues to partner with several organizations for homeless housing and

services such as LAHSA, LA County Dept. of Mental Health, PATH, HYC, andSalvation Army. The City created a Homeless Education flyer to provide the communitywith information about the City’s homeless situation, efforts undertaken, and resources.

ATTACHMENT: 2018 Annual Housing Element Progress Report — Tables A, A2, B, C, D,E, & F

3

RECEIVEDMAR 18 2019 city ofSouth Gate

CITYOF SOUTH GATE CITY COUNCIL

OFFICEOFTHECYTMANAGERAGENDA BJtLLFor the Regular Meeting of March 26, 2019

Originating Depa ment: Office of the City Clerk

Ci Clerk:__________________ Manager:___________________Carmen Av?fr’ Michael Flad

SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES.

PURPOSE: To historically preserve the events of the City Council Meetings.

RECOMMENDED ACTION:

Approve the Regular Meeting minutes and Special Meeting minutes of February 26, 2019 and

March 12, 2019.


ANALYSIS: The minutes are provided to the City Council on the Wednesday prior to their regular

business meeting. Amendments should be provided to the City Clerk’s Office within 24 hours of a

City Council Meeting so that verification of the record and corrections are made accordingly. A

revised document will be provided to the City Council prior to the Meeting.

BACKGROUND: The minutes typically describe the events of the meeting and may include a list of

attendees, a statement of the issues considered by the participants, and related responses or decisions

for the issues.

ATTACHMENTS: City Council Minutes

1

Item No. 16

CITY OF SOUTH GATESPECIAL CITY COUNCIL MEETING

MINUTESTUESDAY, FEBRUARY 26, 2019

CALL TO ORDER Mayor MarIa Belén Bernal called a Special City Council meeting to orderat 5:31 p.m.


PRESENT Mayor MarIa Belén Bernal, Council Member Denise Diaz, CouncilMember Maria Davila and Council Member Al Rios; City ManagerMichael Flad, City Attorney Raul Salinas

ABSENT Vice Mayor Jorge Morales, City Treasurer Greg Martinez

CLOSED SESSION The Council Members recessed into Closed Session at 5:33 p.m. andreconvened at 6:36 p.m. with four (4) Members of Council present. CityAttorney Salinas reported the following:

1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATEDLITiGATIONPursuant to Government Code Section 54956.9(c)

One (1) - Potential Case

No reportable action taken on this matter.

2. C()NFERT-NCE WITH i.ABORNEG()T1ATORPursuant to Government (‘ode Section 54957.6

Agency Representation: Michae.i Flad, City Manager

Employee Organizations: SGPMMA, SGMEA

Item 2 is also listed on the City Council Agenda for Open Session and willbe discussed again at the time. During Closed Session there was noreportable action taken.

2

SPECIAL CITY COUNCIL MEETING MINUTES OF FEBRUARY 26, 2019

3. CONFERENCE WITH LEGAL COUNSEL -- REAL PROPERTYEGOTIA FIONS

Pursuant to Government Code Section 54956.8

Property APN: 6232-0()4-.907Property Address: 5821 Firestone Boulevard, South Gate,

California 90280City Negotiator: Michael Flad, City ManagerNegotiating with: Primestor I)eveloprnent, Inc.Under Negotiation: Terms of Sale

Property APN: 6204-025039Property Address: 9019 Long Beach Boulevard. South

Gate. CA 90280City Negotiator: Michael Flad, City ManagerNegotiating with: Jon Ungvari Co. TrustiJnder Negotiation: Terms of Purchase

No reportable action taken on this matter.

ADJOURNMENT Mayor Bernal unanimously motioned to adjourn the meeting at 6:41 p.m.and seconded by Council Member Rios.

PASSED and APPROVED this 26th day of March, 2019.

ATTEST:

MarIa Belén Bernal, Mayor Carmen Avalos, City Clerk

Page2of2 3

CITY OF SOUTH GATEREGULAR CITY COUNCIL MEETING

MiNUTESTUESDAY, FEBRUARY 26, 2019

CALL TO ORDER Mayor MarIa Belén Bernal called a Regular City Council meeting to orderat 6:42 p.m.

INVOCATION Mayor MarIa Belén Bernal

PLEDGE OF

ALLEGIANCE Naomi Nixon, President of the South Gate Women’s Club


PRESENT Mayor Maria Belén Bernal, Council Member Denise Diaz, Council

Member Maria Davila and Council Member Al Rios; City ManagerMichael Flad, City Attorney Raul Salinas

ABSENT Vice Mayor Jorge Morales

lATE City Treasurer Greg Martinez

PROULAMATIONS The City Council issued a Proclamation recognizing the South GateWomen’s Club and its members in celebration of their 100th anniversaryas a service organization in the City of South Gate.

2

PROCLMATIONS The City Council issued a Proclamation declaring March 6. 2019, asWorld Lvrnphederna Day to encourage citizens to be aware of the diseaseand support those living with Lymphedema.

3

PRESETATLONS The City Council presented Certificates of Appreciation to South GatelEigh School students for qualifying for the Los Angeles Unified SchoolDistrict All City Honor Marching Band and marching in the 2019 RoseParade.

4

PRESENTATIONS The City Council presented Certificates of Appreciation to Koo’sManufacturing, Inc., Marquez Marquez Food Products, Inc.. Pacific FruitProcessors, Inc.. Rainbow Powder Coating, Inc., Shultz Steel Companyand Tesoro Logistics Operations, LLC for being in full compliance withthe Sanitation Districts of Los Angeles County industrial wasterequirements in 017.

4

REGULAR CITY COUNCIL MEETING MINUTES OF FEBUARY 26, 2019

PRESENTV [IONS ‘Ihe City Council presented a Certificate of Appreciation to InteriorRemoval Specialist, Inc., tor receiving the State of California’s highestenvironmental honor. 1 he Governor’s Environmental and EconomicI eadership award.

6

Till E ii I’he City Council conducted a Public hearing to consider waiving furtherreading in full and introducing an Ordinance repealing Interim OrdinanceNos. 2336 and 2338 in their entirety and adding new Chapter 11.43(Accessory Dwelling Units and Accessory Structures), to Title 11(Zoning), of the South Gate Municipal Code.

Joe Perez, Community Development Director gave a brief presentation onthis item.

Mayor Bernal opened the Public Hearing at 7:30 p.m.

Virginia Johnson, 5751 McKinley Avenue has concerns with thisOrdinance including the stipulation that the owner must live on site andthat it does not address parking. She supports staffs recommendation butnot the Planning Commission.

Jaime Capilla. 8481 California Avenue does not agree with the lot size andwould like to allow properties to have an ADI J if the lot size is 5,000 feetnot 6,000 feet.

Estlla Palacios, 9924 Jackson Avenue supports having an ADU if the lotsize is 5,000 feet.

Oscar, 1631 Cassina Avenue has concerns with the lot size requirementsfor an ADU.

Greg Martinez, 2603 Ohio Avenue stated that if we lower the lot size wemight be able to get more people to come in and get building permits so anADU would be safer for the people living in many of the substandardgarages.

Jose Dc Anda, 9557 Bryson Avcnue has concerns with the lot sizerequirements for an ADU.

Mora Taxa, 10346 Rosewood Avenue supports most of the changes to thecode but has concerns with the lot size requirements for an ADU.

Elizabeth, 8942 Hildreth A’venue has concerns with the lot sizerequirements for an ADU.

Page2ofll 5


6

TITLE ii CONTD Juan Carlos Mojica. 10600 Elizabeth Avenue has concerns with the lotsize requirements for an ADU. He suggested that Council visit 10304 SanCarlos Avenue to see what a unit looks like.

Robert Ramirez. 5345 Ledgewood Drive has concerns with the lot sizerequirements for an ADLT.

Mayor Bernal closed the Public Hearing at 8:14 p.m.

Mayor Bernal asked what the 15 ADUs have been doing about parking tomeet the requirements the City currently has.

Director Perez responded that most of them are within 15 miles of a transitstop. Within the law we do try to require onsite parking for any ADU.

Mayor Bernal stated that in terms of ownership the owner must live on thelot and asked if any of the renters have been displaced if the propertieschange ownership.

Director Perez responded that there hasn’t been any displacement that heknows of.

Mayor Bernal asked what the timeline that the City is currently workingunder.

Director Perez responded that it would be preferable in terms of anintroduction tonight and adoption by the next meeting. That would allowenough time because after adoption it takes 30 days to come into effect.

Mayor Bernal feels that the whole City Council should be there to vote onthis item and if this item had a timeline she would have appreciated moretime to review before having to come to a decision.

Council Member Davila stated that if this issues was urgent it should havecome before City Council at least two meetings ago. She also agrees thatthe full Council should be here to consider this item. Her greatest concernis parking and having a family of four living in such a small space.Currently there is no parking and you have people walking for blocks justto get a spot. At this time she feels that she is not ready to make adecision and asked that it be continued to the next meeting.

Council Member Davila and Mayor Bernal requested that staff arrange tosee the property on San Carlos.

Council Member Diaz asked what the number of unpermitted units andgarages arc.

Page3ofll 6


6

TITLE 11 CO’TD Director Perez responded that he would have to get back to her with thatnumber.

Council Member Dia.z also agrees that the item should be continued togive the Vice Mayor a chance to vote on the item.

Council Member Rios agrees that the item should be continued and hasconcerns with the parking situation if this Ordinance passes.

Mayor Bernal requested that in two weeks when this item comes back thatwe have a map showing where the neighborhood low areas are.

This item was continued to the next City Council Meeting of March l2

by motion of Council Member Davila and seconded by Mayor Bernal.

ROLL CALL: Mayor Bernal, yes: Council Member Rios, yes;Council Member Davila, yes; Council Member Diaz, yes; Vice MayorMorales, Absent.

COiIENTS FRoM

-IIE AUDIENCE Virginia Johnson, 5751 McKinley Avenue thanked City Staff for keepingthe residents up to date on the American Legion property status. She feelsthat the campaign flyers for Denise Diaz, who is running for State Senate,were unpleasant, self-indulgent and that after only serving two years as aCouncil Member does not give her enough experience for the Senate.

iris Ilagan, Manager of the Leland Weaver Library thanked the Mayor forher work with the Reading with the Mayor event. Everyone enjoyed theevent and would like to do more events like this.

Nick Godoy. 8611 San Gabriel Avenue spoke on the parking issues andstreet vendors on San Gabriel near the school.

REPORTS AND COMMENTS

FROM (Ifl OFFICIALS Art Cervantes, Assistant City Manager/Public Works T)irector stated thatthe City received a grant from the 1-710 Corridor in the amount of 2.1million dollars. This will help fully fund the street improvements that ehave proposed on Garfield Avenue and on imperial Highway.

Joe Perez, Community Development Director announced that there will bea grand opening at Burger 1M on Friday, March 8thi and we are alsolaunching the Ilonie Recognition Program.

Paul Adams, Parks and Recreation Director reminded e eryone that it isAzalea Festival time. our first event is March 2 for the 100th

annivc:rsarv of the Womens Club and after that we will have Family Art

Page4ofll 7


REPORTS %I) (‘(.)1iETSFROM thY OFFI(i.US

cor.r’u Day. In preparation for some of our upcoming grant applications, ‘ e willha e a number of community meetings for public input.

Carmen Avalos. City Clerk reminded everyone that we have two electionscoming in the month of March. The first is on March for LAUSDBoard Seat Number 5. The second is on March for a State Senatescat.

Council Member Diaz thanked the Mayor for her work on the Readingwith Mayor Event to promote literacy in our community. She is proud tosay that she is a candidate fur Senate and has the suppo:rt of her Councilcolleagues and community leaders. We have the opportumty to electsomeone who grew up in our community and understands the needs andchallenges that our small businesses go through by voting for her.

Council Member Rios said that the SELA Collabo:rative is hosting aCensus Forum this week at South Gate Park Auditorium. On March 22’’at the East Los Angeles College they are hosting a ground breakingceremony for the new campus. He is also a part of the Metro ServiceCouncil which tries to come up with ways to improve bus routes and railsystems.

Council Member Davila thanked the Mayor for the great Reading with theMayor event. She enjoyed the Aquarium of the Pacific truck that provideda great opportunity of the kids to get close to sea life and again thankedthe Mayor for funding this activity. She stated that today is sixteen yearssince the recalls and the start of cleaning up our City. She congratulatedthe residents and staff for helping us take back our City.

Mayor Bernal attended the County Sanitation meeting on Fcbmarv 13th

and receied on update on the wage and labor disputes. She met with theSELA Collaborative executive director and had the opportunity to discusstheir strategic plan. She wants to urge our staff to think outside the box tofind out what is possible to house this group :in our area. She met withSouth Gate’s Farmers Market representative and was happy to see theirwillingness to explore them coming to the City on other da s besideMonday.

Mayor Bernal said that the Budget SuhCommittee met last week and wasery informational. They received presentations from the Parks anti the

Police Departments about what we are going to review in the Budgetmeetings going forward. Council Member i)avila joined the Mayor in anemergency prep meeting today to go over what our ro]es andresponsibilities would be in the event of an emergency. She feels that theCity’ clerk and City Treasurer should he included in these meetings asv elI.

Page5ofll 8


REPOW1S AiM) (Th)NISFROM CITY OFFICI.4J,S

CoN1 1) Lastly, with Reading with the Mayor, is an event that she wanted to bringto the community and she hopes that every Mayor from this point for\ardcontinues to highlight the lmportance of literacy and have this event. SheknoWs that she could have thought more strategically and had someonesponsor the Aquarium of the Pacific but fir this year didnt mindcontributing out of her on pocket. She really valued the fact that themoment we had to switch locations. Iris jumped right on hoard with thehelp of staff and made it happen. We had at least 380 children andfamilies ‘ isit the mobile units. We also had a fund raiser going on at thesame time. Her rnentee Veronica Ramirez is a student at the InternationalLearning (‘enter at Legacy High School is conducting a tiandraiser to bringa spay/neuter mobile unit to have 30 animals receive the service for free.They raised close to $900.00 but needed $3,000.00 hut the organizationthat was going to bring the unit was able to find funding to bring it forfree.

Mayor Bernal closed by saying that the different races going on has beenmentioned tonight and she has received personal calls to ask why she issupporting Council Member Diaz and what experience does she have.Anyone on this dais that claims that they have done it alone is wrong. Sheunderstands that maybe the fliers say it in a certain way however shehopes that the community understands that we don’t work. alone. Shebelieves that it is time that we have local representation from someone

who went to our local schools and lives in our community.

CONSENT CALENDAR Agenda Items 10. 11, 12, 13, 15. 16, and 19 were approved by motion ofCouncil Member Davila and seconded by Mayor Bernal. Items 7, 8, 9, 14.17, and 18 were pulled for discussion.

7

TWLED BLVD The City Council considered:

a. Waiving the reading in full and adopting Ordinance No. 2359adding new Section 11 .28.030 (Tweedy Boulevard Specific Plan),to Chapter 11.28 (Specific Plans, of Title 11 (Zoning), of theSouth Gate Municipal Code;

b. Adopting a Resolution approving General Plan Amendment No.2019-01 by adding place types “Light Industrial/Flex andManufacturing Distribution to the Tweedy Educational Districtand changing the residential General Plan designation of a portionof the General Plan area from Neighborhood-Low toNeighborhood Medium; and

Page6ofll 9


7

TWEEL)Y BLVD CONT’D c. Adopting a Resolution approving the initial Study and Negativei)cciaration, dated April 19. 2017. pertaining to the TheedyBoulevard Specific Plan.

[his item was continued to the next City Council Meeting of March 1 2th

by motion of Council Member Rios and seconded by Council MemberDavila due to a possible conflict of interest by Council Member Davilaand Council Member Diaz.

S

RETIREMENT The City Council approved A and B by motion of Council Member Dailaand seconded by Mayor Bernal.

a. Adopted Resolution No. 7844 entitled - A Resolution of the CityCouncil of the City of South Gate, California, determining thatFlanna Campos is entitled to an industrial disability retirement,within the meaning of the Public Employees’ Retirement Law,arising out of and in the course of her employment; and

h. Authorized the California Public Employees’ Retirement System(CaIPERS) to process the Disability Retirement application ofHaima Campos, Police Sergeant.

9

RETIREMENT The City Council approved A and B by motion of Council Member Davilaand seconded by Mayor Bernal.

a. Adopted Resolution No. 7844 entitled - A Resolution of the CityCouncil of the City of South Gate, California, determining thatFrank J. Rivera is entitled to an industrial disability retirement,within the meaning of the Public Employees’ Retirement Law,arising out of and in the course of his employment: and

h. Authorized the California Public Employees’ Retirement System(Ca1PERS) to process the Disability Retirement application ofFrank J. Rivera, Police Lieutenant.

APPOINTMENT The City Council adopted Resolution No. 7846 entitled - A Resolution ofthe City Council of the City of South Gate, California, amendingResolution No. 6454 (Salary Resolution and Position Classification Plan)to update the job specification of the Records Coordinator position in theCity Clerk’s Office during consent calendar.

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It

SGME The City Council approved A and B during consent calendar.

a. Approved the Side Letter of Agreement with the South GateMunicipal Employees Association regarding probationary periodsfor civilian employees in the Police Department: and

h. Authorized the Mayor to execute the Side Letter of Agreement in aform acceptable to the City Attorney.

12

SGPMMA The City Council approved A and B during consent calendar.

a. Approved the Side Letter of Agreement with the South GateProfessional and Mid Management Association regardingprobationary periods for civilian employees in the PoliceDepartment; and

b. Authorized the Mayor to execute the Side Letter of Agreement in aform acceptable to the City Attorney.

13

PARK PROGRAMS The City Council considered approved A. B, and C during consentcalendar.

a. Approved Amendment No. 2 to Contract No. 2701 with KarhorArea Farmers MarLets to operate the Farmers Market at SouthGate Park for an additional live year term;

b. Authorized the Mayor to execute Amendment No. 2 in a formacceptable to the City Attorney: and

c. Authorized the Director of Parks & Recreation to execute anyadditional documents as may be required to properly implementand manage the Farmers Market.

14

RIERLA The City Council approved A and B by motion of Mayor Bernal andseconded by Council Member Davila.

a. Approved a Memorandum of Understanding (Contract No. 3508)vith the RiverLA to pursue grant funding to prepare a feasibilitystudy for the construction of a new park in the Los Angeles River,for a three-year term, at no cost to the City; and

b. Authorized the Mayor to execute the Memorandum oft Inderstanding in a form acceptable to the City Attorney.

PageSofli 11


‘5

cia v HALL The City CoUncil approve A. B, and C during consent calendar.

a. Approved an Agreement (Contract No. 3509) with Tim Turner dbaTurner Signs & Graphics, for the construction of the City HallComplex Exterior and Interior Way finding Signage, City ProjectNo. 502-ARC (Project). in the amount not-to-exceed $88.162:

b. Approved the Notice of Exemption for the construction of theProject and direct the City Clerk to file it with the Los AngelesCounty Recorder’s Office; and

c. Authorized the Mayor to execute the Agreement in a formacceptable to the City Attorney.

16

GRANT DEED The City Council approved A and B during consent calendar.

a. Accepted the Grant Deed from Michael Bakhshi, owner, to securethe title to a one-foot strip of land along the northern edge of theproperty, a five-foot strip of land along the eastern edge of theproperty, and corner cut-out on the northeast corner of the propertylocated at 4136 Santa Ana Street tr roadway purposes, and at nocost to the City; and

b. Authorized the Mayor to execute the Certificate of Acceptance in aform acceptable to the City Attorney.

‘7

EQUIPMENT The City Council approved A and B by motion of Mayor Bernal andseconded by Council Member I)avila.

a. Approved a Purchase Order ‘ith National Auto Fleet Group forthe purchase of two pursuit vehicles and installation of necessaryemergency equipment for the Police Department, in the totalamount of $91,121.40: and

b. Approved a Purchase Order with MotorolalBearCom for thepurchase of radio equipment, including installation, labor andprogramming to outfit these two pursuit vehicles, in the totalamount of$17,1 13.78.

Page9ofll 12


18

EQUIPMENT The City Council approved A and B by motion of Mayor Bernal andseconded by Council Member Davila.

a. Authorized the purchase of five Chevy Bolt Electric Vehicles fromNational Auto Fleet Group through Sourcewell. in an amount not-to-exceed $193,291; and

b. Authorized the Mayor to execute the documents necessary topurchase the vehicles in forms acceptable to the City Attorney.

19

POLICE The City Council approved A and B during consent calendar.

a. Accepted completion of construction of the South Gate PoliceDepartment Weilness Center, City Project No. 552-ARC, effectiveJanuary 4, 2019: and

b. Directed the City Clerk to file a Notice of Completion with LosAngeles County Recorder’s Office.

20

SLARY The City Council authorized a Resolution be approved based on thetemplate Resolution attached to the staff report for the Mayors signaturereflecting the salary increase of 3.5% effective retroactively to June 24.2018 for the City Clerk by motion of Mayor Bernal and seconded byCouncil Member Davila.

Mayor Bernal requested that the City Attorney prepare a memo to CityCouncil informing them of the options that they would have if the CityClerk position became vacant and went to another person without the levelof qualifications that our current City Clerk holds.

21

HOMELESS The City Council agreed to provide a letter of support for the program andacknowledging that our City receives services from Helpline YouthCounseling in lieu of approving a Memorandum of Understanding bymotion of Mayor Bernal and seconded by Council Member Davila.

a. Approving a Memorandum of Understanding (MOLT) withHelpline Youth Counseling, Inc. (HYC) thr submittal of anapplication to Los Angeles Homeless Services Authority (LAHSA)for a $75,000 homeless funding grant to assist homelessindividuals over a three year period; and

b. Authorizing the Mayor to execute the MOU in a fonn acceptableto the City Attorney.

PagelOofli 13


This item was removed from the Agenda.

23

cEsts fhe City Council agreed to form a Complete Count Committee for the2020 Census and receive and file an update report of the League ofCaliftrnia Cities by motion of Council Member Rios and seconded byMayor Bernal.

a. Receiving and filing an update report of the League of CaliforniaCities findings and recommendations in preparation for the 2020Census; and

b. Providing direction regarding the formation of a Complete CountCommittee for the 2020 Census.

24

WARRANTS The City Council approved the Warrants and Caticellations for February26. 2019 by motion of Council Auditor Davila and seconded by MayorBernal.

Total of Checks: $2,721833.11Voids: ($ 51,163.33)Total Payroll Deductions: $ 267372.27Grand Total: $2,404297.51

Cancellations: 81260, 81324. 81381

ADJOURNMENT Mayor Bernal adjourned the meeting in memory of Sergio Lopez at 11:00p.m. and seconded by Council Member Davila.


ATTEST:

MarIa Belén Bernal, Mayor Carmen Avalos, City Clerk

Page 11 of 11 14

CITY OF SOUTH GATESPECIAL CITY COUNCIL MEETING

MINUTESTUESDAY, MARCH 12, 2019

CALL TO ORDER Mayor Maria Belén Bernal called a Special City Council meeting to orderat 5:46 p.m.


PRESENT Mayor Maria Belén Bernal, Vice Mayor Jorge Morales, Council MemberMaria Davila and Council Member Al Rios; City Manager Michael Flad,Special Legal Counsel Jerry Ruiz

ABSENT Council Member Denise Diaz, City Treasurer Greg Martinez

CLOSED SESSION The Council Members recessed into Closed Session at 5:33 p.m. andreconvened at 6:40 p.m. with all Members of Council present. CityAttorney Salinas reported the tbllowing:

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATEDLITIGATIONPursuant to Government Code Section 54956.9(c)

One (1) - Potential Case

No reportable action taken.

2. CONFERENCE WITH LEGAL COUNSEL REAL PROPERTYNEGOTIATIONSPursuant to Government Code Section 54956.8

Property A.PN:6232-0030l5Property Address: 861 8 Garfield Ave. South Gate, CA 90280City Negotiator: Michael Flad. City ManagerNegotiating with: El Paseo Center. SPE LLCNegotiation: Ferms of Lease

No reportable action taken.

15

SPECIAL CITY COUNCIL MEETING MINUTES OF MARCH 12, 2019

3. CONFERENCE WITH LABOR NEGOTIATORPursuant to (iocrnrncnt (‘ode Section 54)57.6

Agenc Representation: Michie1 Flad. city Manager

Unreprcsented Ernployecs: } burl Ernp1o ecs

For [tern 3 guidance was gi’, ‘n to staff but iio reportable action was taken.

ADJOURNIENT Council Member Davila unanimously motioned to adjourn the meeting at6:42 p.m. and seconded by Council Member Rios.


ATTEST:

Maria Belén Bernal, Mayor Carmen Avalos, City Clerk

16

CITY OF SOUTH GATEREGULAR CITY COUNCIL MEETING

MINUTESTUESDAY, MARCH 12, 2019

CALL TO ORDER Mayor Maria Belén Bernal called a Regular City Council meeting to orderat 6:43 p.m.

INVOCATION Jerry Ruiz, Attorney

PLEDGE OF

ALLEGIANCE Veronica Ramirez, South Gate resident/student


PRESENT Mayor Maria Belén Bernal, Vice Mayor Jorge Morales, Council MemberMaria Davila and Council Member Al Rios; City Manager Michael Flad,Special Legal Counsel Jerry Ruiz

ABSENT Council Member Denise Diaz, City Attorney Raul Salinas

LATE City Treasurer Greg Martinez

PRESENTATIONS The City Council issued a Proclamation declaring March 2019 asAmerican Red Cross Month recognizing volunteers and donors who giveof their time and resources to help those who need a helping hand.

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PREsENTrIONs The City Council issued a Certificate of Appreciation to Veronica Rarnirezfor participating in Mayor Bernal’s South Gate Mentors Initiative duringthe month of February.

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PRESENTTIONS The City Council presented Certificates of Appreciation to the South GateAztec Jr. Varsity Cheer Team for winning their respective championshiptitles at the 2018-2019 JAMZ National Cheer & Dance Competition.

4

TITLE 11 The City Council conducted a Public Hearing and waived further readingin full and introduced Ordinance No. 2360 entitled - An Ordinance of theCity Council of the City of South Gate, California, repealing InterimOrdinance Nos. 2336 and 2338 in their entirety and adding new Chapter11.43 (Accessory Dwelling Units and Accessory Structures), to Title 11(Zoning), of the South Gate Municipal Code by motion of Mayor Bernaland seconded by Vice Mayor Morales with the additional direction tobring the item back before the City Council in January 2020 with anupdate report aiid include the Planning Commission’s recommendation toinsert the word continuous before the 30 days in terms of rentals.

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REGULAR CITY COUNCIL MEETING MINUTES OF MARCH 12, 2019

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TITLE 11 CONT’D ROLL CALL: Mayor Bernal, yes; Vice Mayor Morales. yes; CouncilMember Davila. yes; Council Member Rios. yes; Council Member Diaz.absent.

Joe Perez, Director of Community Development gave a brief overview ofthis item.

Mayor Bernal opened the Public Hearing at 7:22 p.m.

Virginia Johnson, 5751 McKinley Avenue said that even though this is astate mandate she opposes this change and hopes that we can keep theproblem to a minimum. She is against this new request by the conmiunityto change the square footage from 6,000 to 5,000 feet.

Henry Gonzalez, 10210 Alexander Avenue gave a brief history ofadditional dwelling units during his time as an elected official.

Cesar Castor, 10348 Elizabeth Avenue said that as a City we are growingbut we all need to be concerned with the parking issues. We shouldhandle the parking problems before changing the Ordinance.

Francisco Amezcua. 10000 Rosewood Avenue is opposed to the ADU’sbecause we need more parking enforcement and this will only increase theproblem.

Mareos Saez, 9547 San Antonio Avenue said that he feels that people thatare selling cars on the street are part of the parking problem. He wants toput in an ADU but was denied by City Hall.

Estela Palacios, 9924 Jackson Avenue said that she wants to build anadditional unit but she was not approved because her lot is 5.000 squarefeet.

Greg Martinez, 2603 Ohio Avenue believes that this is a safety issue. lieknows that there are people living in garages and he is concerned thatthese people are living in substandard conditions.

Edith Garcia, would like to add an ADU but is unable due to lot size.

Andrea Palino, 11625 Utah Avenue is opposed to lowering the lot sizerequirements as this will continue to crowd the streets and requests theCity Council vote no on lowering AI)U requirements.

Juan Carlos Mojica, 9600 Elizabeth said that as he listens to his neighborsthe biggest concerns are overpopulation. He would like to see if permitparking can benefit the City.

Page2ofl2 18


4

TITLE II CONT’D Marvin De La Cruz, Madison Avenue would like to add an ADU but can’tbecause of the lot size. lie wants to see the lot size requirement lowered.

Resident, 10346 Rosewood Avenue would like to see the lot sizerequirement lowered.

Robert Ramirez, 5345 Wood Avenue requested that this issue should bedetermined by a case by case basis.

Palorna Curiel, requested that the City look at different alternatives to theparking situation.

Nick Godoy. 8611 San Gabriel Avenue spoke on the parking conditionson San Gabriel Avenue.

Henry Gonzalez requested a meeting with the Mayor and the CityManager.

Having no one else come forward, Mayor Bernal closed the audienceportion

Vice Mayor Morales’s recommendation is to keep staffs originalrecommendation of 6.000 feet. He explained that there are currently 13bills before the state legislature address ADUs in specific AB 68. Densityand parking are really big issues in the City. As a City we have beendoing our part to try to get people to use public transportation and knowsthat the State is looking to take away the ability to regulate these issues.

Mayor Bernal understands the safety issues and the parking issues but atthe end of the day we have to think of the quality of life for the residents.The Mayor’s recommendation is to also keep staffs originalrecommendation of 6,000 feet.

Council Member Davila said that as a council member we hae to maketough decisions hut we have to consider the current situation of our City.Density and parking are huge problems in South Gate. When you takeinto consideration the changes that are coming from Sacramento it isdifficult to follow the laws with what is going through as bills. CouncilMember Davila agrees with staffs original recommendation of 6.000 tbet.

Council Member Rios said that this is probably the most difficult issue tocome before him during his time of a Council Member. Whateverdecision is made today we can always reisit if we need to.

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4

TITLE 11 CONT’D Vice Mayor Morales suggested that we bring this item back in January ofnext year. For example if maybe only three people got AD1J’s at 6.00()maybe we do lower the standards but if we have an influx of peoplecoining in then maybe thai. was the right number. With the changescoming from the State level all this will change and we will have to revisitthis item again.

Director Perez asked for a point of clarification on the motion and statedthat one of the recommendations of the Planning Commission was toinsert the word continuous before the 30 days in terms of rentals. Fromstaffs perspective we have no problem with this recommendation andshould be included in the motion as well.

SIUNICIPAL

CODE The City Council conducted a pmjblic hearing and waived the reading infull and introduced Ordinance No. 2361 entitled - An Ordinance of theCity Council of the City of South Gate, California. amending Section1.59.040 (Issuance of Administrative Citation; Contents Thereof). Chapter1 .59 (Administrative Citations) of Title 1 (Administration and Personnel),of the South Gate Municipal Code, to provide for the immediateimposition of administrative fines or penalties for the violation ofbuilding, plumbing, electrical, or other similar structural, health andsafety, or zoning requirements if the violation exists as a result of. or tofacilitate, the illegal cultivation of cannabis by Mayor Bernal andseconded by Council Member Davila.

Mike Flad, City Manager stated that the City Council has already madethe growing of marijuana illegal in the City of South Gate. This is not aPublic Hearing tonight to determine whether or not marijuana growingshould be legal or not. What we are doing tonight is creating anadministrative procedure to enforce what the Council has already adopted.The creation of Administrative Procedures comes with fines andenforeements which requires Council action through the process of aPublic Hearing.

Joe Perez, i)irector of Community I)evelopment gave a brief overview ofthis item.

Mayor Bernal opened the Public Hearing, seeing no one come fhrward thePublic Hearing was closed.

Mayor Bernal asked that if the owner doesn’t occupy the property and isunaware but has included the no growing clause in the lease, are we thenable to fine the tenant.

Page4ofl2 20


ItN1(iPL

CODE ( ONT’D Director Perez responded that is a possibility and we have done that withother code enforcement violations.

Council Member Davila asked why the fines are so low,

Director Perez responded that these fines are established by the state.There is recent legislation that could be increasing fines and we will helooking at possibly bringing back an Ordinance to adjust those tines.

Vice Mayor Morales asked if the State has any other creative ways ofaddressing the issue. The City of Los Angeles in the case of dispensariescan start the process of shutting off their water and electricity.

Director Perez responded that the City has not done that hut could lookinto some additional measures.

Mayor Bernal stated that Council will he looking at budget matters verysoon. Should we be looking at additional funds for Code EnforcementOfficers to help address this?

Director Perez responded that as of right now, we don’t see a lot of thishappening in the City. Since 2017 when the Council adopted thatprohibition he cannot think of a situation where we have been addressingcannabis growers.

Mayor Bernal asked the Chief if his experience has been similar.

Randy Davis, Chief of Police responded that since Prop 64 passed SouthGate has been very clear in their stance regarding any marijuana activity.We have been very successful working with City prosecutors, officers andwith the property owners relative to forfeiture of assets, forfeiture ofproperties and things of that nature. So these fines, even though small areanother tool in the hag and does not stop us from going after the propertyitself and dealing with the property owners. We ha e not seen an influx ofthese types of violations.

6

CDBC The City Council conducted a public hearing and approved A and B byMayor Bernal and seconded by Council Member .[)avila.

a. The recommended Citizen’s Advisory Committee’s list ofproposed projects and allocations for Conununity DevelopmentBlock Grant funds for fiscal year 2019/20; and

b. Determining the amounts to be appropriated per project from theestimated $1,500.000 Community Development Block Grantfunding for fiscal year 2019/20.

Page5ofl2 21


6

UOBG (‘orrD Joe Perez, Director of Community Development gave a brief o erview ofthis item.

Mayor Bernal opened the Public Hearing.

Virginia Johnson, 5751 McKinley Avenue said that the Citizen’s AdvisoryCOmmittee supported Staff’ s recommendations.

Carlos Galvez. 2643 Io’a Avenue asked why only $7,000.00 is beingprovided to the South Gate Police Explorers program, is this enough tofund the program, and can you add more money to this program.

Mayor Bernal asked if anyone in the audience wishes to speak on thisitem. Seeing no one step forward; Mayor Bernal closed the audienceportion.

Mike Flad, City Manager stated that the difficulty with a funding exerciselike this is that it is not why didn’t you fund one program or why didn’tyou fund another program because there are several people that apply forthese funds. If you add to one you are then taking from another, it trulybecomes a balancing act. At the executive level when we are goingthrough all the proposals we look at what is the overall need for theprogram and what are the goals of the City Council. Then we look atalternative funding sources. for example with the Explorer Program itrecei es funds from the general fund and asset forfeiture so there are othersources available.

Director Perez added that for the past three years the Police Explorerprogram has asked for $7,000.00 and they have received that full amountfrom CDBG funding.

Council Member Rios stated that he sees the same organizations and hewonders does the Community Advisory Committee look at just the PublicService programs or everything as a whole.

Director Perez responded that they are presented with the entire listingsbut in terms of their recommendations it is focused on the nonpublicservice and the public ser’ ice. They receive not only the applicationsfrom all the programs, they also have the opportunity to listen topresentations from all the organizations. The committee then proceeds toan evening of deliberations.

Council Member Rios realizes that we have a limited amount of nonprofitsbut we do have some organizations that are very active in the communityand is hoping that we can see a little more diversity.

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(OIIFTS FROM

UHI kUDIM;L Mike Kodarna, Executive Director of EcoRapid Transit said that theyhosted a transportation summit in October and we had people sign theboard for the West Santa Ana Board and he promised the members of theCity Council that he would bring it by if they would like to sign it.

John Montalvo, 9815 Virginia Avenue thanked Mayor Bernal, Mike Fladand staff for their support for their Employment for Veteran’s” event, liealso attended the Book Fair event at the Reading with the Mayor.

Diana Ochoa, 4764 Tweedy Boulevard stated that a month ago sheattended the Metro meeting and is concerned about the low attendance ofSouth Gate residents. She also is concerned that Council Member Diazused City letterhead on one of her campaign flyers. Even though it stateson the flyer that it is paid by the candidate it is a matter of optics. Shewants to know how the City willing to endorse a certain candidate andhow can the City inform their residents about events like the Azaleafestival but not projects that are going to affect their neighborhoods. Whatshe would like is to claril’ how it is that Council Member Diaz was ableto circulate flyers whether it was approved or not it is misleading.

Virginia Johnson, 5751 McKinley Avenue stated that this is going back toa few Council Meetings. She has always spoken her mind and speaksfrom the heart. She feels that when the community, including herselfspeak on a matter she should be considered seriously and not called out ofhand politically motivated. On another note she is not against the personrunning for Senate but the fact that two years of being in a local politicaloffice does not amount to the knowledge and expertise needed for such ahigh office as Senator of California also this same candidate has sent outunsavory mailers claiming not to have helped with but have done thingsthat took many more people involvement.

Andrea Paulino, Utah Avenue reported that there are coyotes near CirclePark/Hollydale Park and was hoping that the City could post signswarning people that there are coyotes in the area.

Nick Godoy, 8611 San Gabriel Avenue spoke on the parking conditionson San Gabriel Avenue and the street vendors.

RF.POR’IS A\I) (‘O[IE’LS

FRO’f CITY OFFJCflIS Paul Adams. Parks and Recreation Director the Azalea Festival is stillongoing with Bingo, Miss Azaleaita, Karate Tournament, Carnivalscheduled. Next Saturday on the 23 is the Open House here at City Hallfollowed by the Miss South Gate Pageant and fireworks at South GatePark.

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RFPORTS .VD C0MM1NTS

FRoM crrv 011 ICIALS Randy Davis, Chief of Police said that there is a (‘ERT class starting April6th going through the 20th for three consecutive Saturdays. Signups are onthe South Gate Police Department web site.

Greg Martinez, City Treasurer said that March 31 will be the AzaleaFestival Classic Car Show.

Carmen Avalos, City Clerk said that the LAUSD District No. 5 electiontook ilace last week. It looks like it will be a runoff on May 14th but therunoff will probably be between Ms. Jackie Goldberg and Ms. HeatherRepenning. On March 26th there will be a Special Senate District race andthere are several candidates who are running at this particular election.City Clerk Avalos did want to address what was brought up today inregards to the envelope and the way that the material was presented.Under FPPC guidelines and under the elections code guideline there arevery specific stipulations that an individual can put on an envelope. If theenvelope had actually been addressed from City Hall that would have beena violation because you cannot utilize any city addresses pertaining to thepublic. In terms of the Election Code there were no violations and toconfirm that there ‘ as no wrong doing. she contacted the County and theycame to the same conclusion that there was no code violation.

Council Member Rios we had a very successful LA Regional Censusroundtable. On the 20th East Los Angeles College is having a CareerAwareness Day. He attended the Arts Festival Day at the Park and it wasa remarkable event, lie also wanted to invite the public to groundbreaking ceremony on the 2211(1 at the East LA College.

Council Member Davila attended the County Sanitation where they arestill going through labor negotiations. She has been attending the eventsat the Azalea Festival and also enjoyed the Art Exhibit. This Saturday willbe the Miss Azaleaita Contest and there are 20 contestants. She requestedthat Paul Adams, Director of Parks and Recreation talk to the PTAmembers that host their Mother’s Day event at the Park to discussinsurance requirements.

Mr. Adams stated that he iil work with them hut believes that theirinsurance certificate has already come through.

Vice Mayor Morales announced that he and his wife are expecting a baby.He is also looking tbrward to attending some of the Azalea Festival eventsnow that he is leeling better.

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PORTS l) (‘OINfENi SFROM (1 I O!’F1CJ t.S

Mayor Bernal had the opportunity to meet with Performance Team whichis a logistics company. She also attended the Census roundtable meetingand thought it was important that we had three Council Members presentwhich sends a message that South Gate wants to be involved in thisprocess. She attended the Water Education for Latino Leaders and theyvisited Coachella to see a group of mobile homes that do not have pipingconnecting service from any Water District to their homes. The Mayorattended the 20th annual Holocaust Art and Writing Contest at ChapmanUniversity and three South Gate students participated.

Mayor Bernal knows that there were quite a few comments that came inabout the mailer and when she saw it come in her own mailbox it did catchher attention and thought it was a little weird. When she opened it sherealized that it was the piece from Council Member Diaz, however she isnot going to disregard the fact that it caught her off guard and that it couldbe misleading to our residents. She did bring this up to Council MemberDiaz and the Mayor thinks that when you have other people runningcampaigns you go based on past practices that maybe ok but in heropinion that is not one practice that she would like to see in ourcommunity. She believes that it is important to be authentic and shementioned it when Council Member Diaz was here two weeks ago. it isfor the candidates benefit to be as transparent as possible if you want togain the trust of your residents but it also falls on each resident to heinformed.

CONSENT CALENDAR Agenda Items 8, 9. and 12 were unanimously approved by motion ofCouncil Member Davila and seconded by Mayor Bernal. Items 7. 10, andii were pulled for discussion;

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TWEEDY BLVD The City Council approved A. B, and C by motion of Mayor Bernal andseconded by Council Member Rios. Due to a possible conflict of interestCouncil Member Davila abstained.

a. Waived the reading in full and adopted Ordinance No. 2359entitled - An Ordinance of the City Council of the City of SouthGate. California, adding ne Section 11.28.030 (TweedyBoulevard Specific Plan), to Chapter 11.28 (Specific Plans), ofTitle ii (Zoning), of the South Gate Municipal Code

b. Adopted Resolution No. 7847 entitled - A Resolution of the CityCouncil of the City of South Gate. California. approving GeneralPlan Amendment No. 2019-01 by adding place types Lightindustrial/Flex and Manufacturing Distribution” to the TweedyEducational District and changing the residential General Plandesignation of a portion of the General Plan area fromNeighborhood-Low to Neighborhood Medium; and

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1WEEDV L,vD COTD c., Adopted a Resolution No. 7848 entitled - A Resolution of the CityCouncil of the City of South Gate, California, approving the InitialStudy and Negative Declaration, dated April 19. 2017. pertainingto the Tweedy Boulevard Specific Plan.

8

t’oirs The City Council approed A and B during consent calendar.

a. A Professional Services Agreement (Contract No. 351 1) ithUtility Cost Management LLC for auditing of the City’s electricbills; and

b. Authorized the \1ayor to execute the Professional ServicesAgreement in a form acceptable to the City Attorney.

9

CIT HAIL. The City Council approved A and B during consent calendar.

a. Accepted completion of construction of the South Gate City HallLighting Improvements, City Project No. 502-ARC, effectiveJanuary 8, 2019; and

b. Directed the City Clerk to file a Notice of Completion with LosAngeles County Recorder’s Office.

10

FLECTRICI. uP(RL)ES The City Council approved A and B by motion of Mayor Bernal andseconded by Council Member Davila.

a. Accepting completion of construction of the Hollydale ResourceCenter Electrical Upgrades. City Project No. 51 6-ARC, effectiveFebruary 20, 2019; and

h. Directing the City Clerk to file a Notice of Completion with LosAngeles County Recorder’s Office.

11

TIONILLESS SERvI(:ES The City Council approved A, B and C by motion of Mayor Bernal andseconded by Council Member Rios. Due to a possible conflict of interestSpecial Legal Counsel Jerry Ruiz left the Chambers.

a. Authorized the Mayor to execute the letter to the City of Downeyprotesting the Request for Proposals for a proposed housingdevelopment at the County-owned property, former AmericanLegion Site, located at 11269 Garfield Avenue and expressingconcerns regarding the Notice of Preparation of a Draft ProgramEnvironmental impact Report for the proposed Rancho LosAmigos South Campus Specific Plan; and

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HI1OIEEESS SERVICES

COT’ 1) b. I)irected the City Manager or his designee to execute the letter tothe City of Downey stating the City of South Gates concernsregarding the Notice of Preparation of a Draft ProgramEnvironmental Impact Report fbr the proposed Rancho LosAmigos South Campus Specific Plan; and

c. Directed the City Manager to send the two aforementioned lettersto the City of Downey.

12

MIUFFS The City Council approved the Special and Regular Meeting minutes ofFebruary 12, 2019 during consent calendar.

13

i RLIC WORKS The City Council approved A, B, and C by motion of Mayor Bernal andseconded by Council Member Davila.

a. Appropriating $133,000 in General Funds to the CapitalImprovement Program to fully fund the City Hall ComplexImprovements and Firestone Boulevard Median island;

b. Appropriating $1,779,200 in grant funds and $4,901,284 in otherfunds to the Capital Improvement Program for existing proj ects asshown in Attachment A; and

c. Directing the Director of Administrative Services to transfer$31309 from Auto/Rolling Stock Account No. 223-610-49-9003to the Electric Vehicle Charging Stations Project No. 636-GENAccount No. 223-610-49-9005.

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WARRANTS The City Council approved the Warrants and Cancellations for March 1 2,2019 by motion of Council Auditor Davi Ia and seconded by CouncilMember Rios.

Total of ChecLs: $2,147,852.93Voids: ($ l80l.85)Total Payroll Deductions: $ 370.52 1.94Grand Total: $1,775,529.14

Cancellations: 80528. 81046, 81266. 81525, 81549. 81701

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ADJOURNMENT Mayor Bernal adjourned the meeting in memory of Luz Elva Reyes,longtime resident and Administrative Analyst Marina Urias’s mother;Rolando Meza, longtime resident; and Matilda Lopez, longtime residentand Anchor Dave Lopez’s mother at 10:20 p.m. and seconded by CouncilMember Davila.


ATTEST:

Maria Belén Bernal, Mayor Carmen Avalos, City Clerk

Page 12 of 12 28

ECVED It N 17MAR 2 City ofSouth Gate em o.

CITY COUNCILCITY O UOUTH AT

OFFICE OFThECVFVMANAG5GENDA BELLFor the Regular Meeting of: March 26, 2019

Originating Department: Administrative Services

Department Director: 4acai4z,r) ( City Manager:

_____________________Y\

c:kt(JJackie Acosta Michael Flad fl_ç

SUBJECT: MID-YEAR BUDGET REVIEW FOR FISCAL YEAR 2018/19

PURPOSE: To keep the City Council apprised as to the status of Fiscal Year 2018/19 budget and toapprove various mid-year adjustments.

RECOMMENDED ACTIONS:1. Receive and file the mid-year budget report for Fiscal Year 2018/19;2. Appropriate $32,716 from the unassigned Prop A Fund balance to account no. 221-480-33-6304

for payment of the Eco-Rapid Transit Annual Membership Dues;3. Increase revenue projections by $203,595 in the Water Fund, account no. 411-4999, for the annual

reimbursement from the Sewer Fund for its share of the annual debt service payments on the 2012Water Revenue Bonds;

4. Appropriate $203,595 from the unassigned Sewer Fund balance to account no. 412-732-52-7999 toreimburse the Water Fund for the Sewer Fund’s share of the annual debt service payments on the2012 Water Revenue Bonds;

5. Appropriate $20,000 from the unassigned Building & Infrastructure Maintenance Fund balance toaccount no. 524-415-61-6704 for the emergency repair of lateral lines at the Patricia G. MitchellSwim Stadium; and

6. Appropriate $20,000 from the unassigned Building & Infrastructure Maintenance Fund balance toaccount no. 524-415-61-9100 for emergency repairs to the skylights at the Patricia G. MitchellSwim Stadium.

FISCAL IMPACT: The Fiscal Year 2018/19 budgets of the funds listed above will be increased bythe amounts specified from monies available in the unassigned fund balances of those funds.

ANALYSIS: As the fiscal year progresses, it is appropriate for staff to apprise the City Council of theCity’s financial position and recommend adjustments when needed.

BACKGROUND: This is the second financial status report of this current fiscal year. As of February28, 2019, the 2018/19 fiscal year is 66.67% (2/3) complete. To date, most of our major revenues are atabout 50% - 57% of budget and total General Fund revenues are at 54.5%. That is perfectly normalbecause many of the major revenues have a 2-month lag time, meaning that the City has actuallyreceived only six months of revenues. On the expenditure side, 54.5% of the General Fund budgetedexpenditures have been spent. This is normal as expenditures also have a slight lag time. Below is achart that shows, by major revenue category, the General Fund revenues as of February 28th comparedto the annual budget.

1

2018/19Amended YTD Thru

Revenues — By Category Revenues 2/28/19 % Rec’dProperty Taxes 12,667,831 6,833,649 53.9%State Sales Taxes 11,387,503 5,709,875 50.1%Local Sales Taxes 10,090,571 5,770,494 57.2%Franchise Taxes 1,479,000 419,706 28.4%Business License Taxes 1,647,804 282,931 17.2%Transient Occupancy Taxes 405,960 223,081 55.0%Other Taxes 1,677,812 983,600 5 8.6%Permits 1,440,039 852,582 59.2%Fine & Forfeitures 958,242 708,830 74.0%Use of Money & Property 934,730 1,365,529 146.1%Intergovernmental 103,422 49,874 48.2%Fees & Charges 2,379,469 1,686,126 70.9%Other Revenues 3,330,575 1,569,428 47.1%Total General Fund Revenues 48,502,958 26,455,705 54.5%

The chart below shows, by department, the General Fund expenditures as of February 28, 2019,compared to the annual budget.

2018/19Amended YTD Thru

Expenditures — By Department Budget 2/28/19 % SpentCity Council 309,550 181,167 58.5%City Clerk 480,346 298,179 62.1%City Treasurer 41,828 20,444 48.9%City Attorney 1,088,479 947,692 87.1%City Manager 1,113,727 691,690 62.1%Administrative Services 3,320,120 1,934,715 58.3%Parks & Recreation 7,982,450 4,647,057 58.2%Police 28,876,897 17,591,638 60.9%Community Development 3,149,066 1,845,104 58.6%Public Works 4,532,458 2,428,599 53.6%Non-Departmental 5,514,727 308,512 5.6%Total General Fund Expenditures 56,409,648 30,894,796 54.8%

In summary, there is nothing noteworthy or concerning with respect to General Fund revenuesreceived and expenditures made through the first eight months of fiscal year 2018/19. However, thereare some mid-year budget adjustments that staff is recommending that the City Council approve so thatthe projects listed on the following page can be accomplished this fiscal year.

2

Item Description Account Number AmountPayment of Eco-Rapid Inadvertently not budgetedTransit Annual Membership 221-480-33-6304 $32,716Dues

A portion of the 2012 WaterSewer Fund Payment to Revenue Bonds are to be paid by 411-4999 & $203,595Water Fund for its share of the Sewer Fund. The annual 412-732-52-7999annual debt service payment transfer was not budgetedRepair of Swim Stadium Emergency Repairlateral lines 524-415-61-6704 $20,000Fixing skylights at the Emergency repairs as a result ofSwim Stadium significant rain damage 524-415-61-9100 $20,000

As for the other funds of the City, they too experience cyclical revenue receipts, but also experiencecyclical expenditure patterns, in contrast to the General Fund which has more consistent expenditurepatterns. The other City funds account for restricted revenues such as Gas Taxes, Prop A, Prop C,Measure R, Measure M, Law Enforcement Grants, Assert Forfeiture, CDBG, Capital ImprovementProgram, Water, Sewer, Fleet Management, CAER, etc. The chart below provides revenue andexpenditure comparisons for each of the City’s other funds.

2018/19 2018/19Amended YTD Thru % Amended YTD Thru %

Fund Name Revenues 2/28/19 Rec’d Budget 2/28/19 SpentTraffic Safety 119,144 46,314 38.9% 305,515 155,401 50.9%Gas Tax 1,972,852 1,216,609 61.7% 3,308,223 1,536,840 46.5%TDA Bikeway 195,646 0 0.0% 0 0 0.0%Street Sweeping 710,703 413,872 58.2% 554,140 333,253 60.1%Road Repair & Acct Act (SB1) 1,757,033 908,530 51.7% 1,828,361 416,076 22.8%CASp Certification & Training 0 4,558 0.0% 0 0 0.0%Prop A Transit 2,379,841 1,513,696 63.6% 2,439,264 1,236,639 50.7%Prop C Transit 1,633,315 1,138,527 69.7% 3,824,863 1,393,642 36.4%Air Quality (AQMD) 252,561 33,777 13.4% 370,383 29,141 7.9%MeasureRTransit 1,221,511 858,670 70.3% 130,581 4,543 10.3%Measure M Transit 1,373,118 947,678 69.0% 2,244,737 21,517 1.0%Law Enforcement Grants 434,604 227,777 52.4% 581,022 203,297 35.0%Asset Forfeiture 1,018,000 1,059,938 104.1% 1,702,740 1,169,667 68.7%Housing Authority 4,449,500 2,711,700 60.9% 4,797,144 2,781,337 58.0%Home Program 521,677 188,244 36.1% 521,677 216,366 41.5%CDBG 1,372,489 617,302 45.0% 2,425,843 946,231 39.0%ARRA 0 0 0.0% 0 0 0.0%Street Lighting & Landscaping 2,014,141 1,127,388 56.0% 2,957,325 1,499,789 50.7%Federal & State Grants 8,102,500 1,659,432 20.5% 32,285,577 1,326,757 4.1%UDAG 3,500 1,992 57.0% 69,849 0 0.0%PublicAccessCorp 600 440 73.3% 61,926 20,918 33.8%Park Enhancement 249,345 196,053 78.6% 320,000 0 0.0%Measure A Park Improvements 262,500 0 0.0% 0 0 0.0%Capital ImprovementProgram 46,691,724 3,978,602 8.5% 46,853,165 5,649,157 12.1%Successor Agency 272,480 14,986 5.5% 285,100 185,414 65.0%

3

2018/19 2018/19Amended YTD Thru % Amended YTD Thru %

Fund Name Revenues 2/28/19 Rec’d Budget 2/28/19 SpentLow/Mod Income Housing 43,899 18,943 43.2% 25,000 47,745 191.0%Water 21,536,059 12,309,955 57.2% 21,035,015 6,161,565 29.3%Sewer 1,421,138 719,450 50.6% 2,275,471 590,793 26.0%Refuse 4,000,426 2,318,807 58.0% 3,784,728 2,270,749 60.0%Insurance (Risk Management) 2,618,509 1,953,397 74.6% 4,125,080 2,867,886 69.5%Fleet Management 1,576,762 788,420 50.0% 1,925,357 1,059,010 55.0%Information Systems 749,340 373,948 49.9% 1,752,412 466,180 26.6%Capital Asset & Equip Rep! 128,379 16,418 12.8% 715,932 217,670 30.4%Building & Infrastructure Maint 7,500 8,217 109.6% 385,800 68,199 17.7%Successor Agency Debt Service 4,901,099 0 0.0% 4,944,531 (409,803) N/ATotals — Other Funds 113,991,895 37,373,640 32.8% 148,836,761 32,465,979 21.8%

Totals — All Funds 162,494,853 63,829,345 39.3% 205,246,409 63,360,775 30.9%

Attached to this report are more detailed revenue and expenditure reports for all funds.

ATTACHMENTS: A) Revenue Summary - By CategoryB) Expenditure Summary — By Department/Fund

4

Attachment A

CITY OF SOUTH GATEFISCAL YEAR 2018-19

8-MONTH REVENUE SUMMARY REPORT

ACTUAL ACTUAL ACTUAL AMENDED ACTUALREVENUES REVENUES REVENUES REVENUES REVENUES %

ACCOUNT DESCRIPTION 2015-16 2016-17 2017-18 2018-19 AS OF 2-28-19 REC’DGeneral Fund’100-4101 Property Tax- CYSecured 2,532,182 2,635,945 2,719,776 2,588,154 1,587,074 61 .32%100-4103 Property Tax- PY Secured (3,400) (6,406) (7,458) (6,633) (7,282) 109.78%100-4104 Property Tax- PY Unsecured 1,341 2,748 2,865 2,865 (1) -0.05%100-4105 Penalties/Delinquencies 8,837 10,000 7,121 7,185 5,636 78.44%100-4106 Homeowner’s Exemption 16,312 15,791 15,214 15,518 7,308 47.09%100-4107 VLF in-lieu 8,767,244 9,112,002 9,479,133 9,668,478 4,972,261 51 .43%100-4110 AB Xl 26 PTR Residual 26400 370,308 348,936 449,568 392,264 268,654 68.49%

Total Property Tax 11,692,825 12,119,016 12,666,220 12,667,831 6,833,649 53.94%100-4201 State Sales Tax 11,521,552 11,135,987 11,057,999 11,387,503 5,709,875 50.14%100-4202 Transient Occupancy Tax 349,996 390,454 419,789 405,960 223,081 54.95%100-4203 Franchise Tax 1,413,719 1,365,205 1,631,404 1,479,000 419,706 28.38%100-4204 Commercial Refuse Franch. Tax 1,006,321 1,088,833 1,076,317 1,113,319 709,582 63.74%100-4205 Business License Tax 1,466,242 1,583,818 1,461,046 1,647,804 282,931 17.17%100-4206 Real Estate Transfer Tax 107,492 167,237 190,096 164,493 74,018 45.00%100-4207 Material Recovery Facility Tax 500,000 465,100 400,000 400,000 200,000 50.00%100-4208 Local Sales Tax 9,509,333 9,486,553 10,063,210 10,090,571 5,770,494 57.19%

Total - Taxes 37,567,481 37,802,202 38,966,081 39,356,481 20,223,336 51 .39%

100-4301 Building Permits 406,218 400,268 350,139 365,273 195,505 53.52%100-4302 Seismic Fees 302 (865) 197 500 667 133.48%100-4303 Liquifaction Fee 1,942 260 650 700 390 55.71%100-4304 Electrical Permits 109,000 102,362 99,980 96,299 61,230 63.58%100-4305 Plumbing Permits 87,495 90,019 87,642 85,381 47,946 56.16%100-4306 Sewer Permits 6,746 6,311 6,394 6,699 2,878 42.96%100-4307 Mechanical Permits 93,563 61,786 59,367 54,510 31,607 57.98%100-4308 Green Building Standard Fee (370) 912 230 1,384 350 25.32%100-4340 Public Works Permits 108,582 189,104 210,206 208,470 116,079 55.68%100-4345 PW-New Development Fees 53,494 40,169 43,637 29,580 24,500 82.83%100-4360 Transfer Station Permit 294,042 307,554 314,046 321,743 139,947 43.50%100-4361 Film Permits 13,132 18,090 8,576 10,000 2,680 26.80%100-4362 Overnight Parking Permits 1,998 1,812 2,072 2,000 1,628 81 .40%100-4379 Other Permits 3,500 3,500 6,401 3,500 4,175 119.29%100-4380 Animal Licenses 377,010 260,560 253,960 254,000 223,000 87.80%

Total - Permits 1,556,655 1,481,843 1,443,497 1,440,039 852,582 59.21%

100-4402 Parking Citations 1,040,926 1,006,307 971,712 931,242 695,693 74.71%100-4403 Municipal Code Fines 12,900 12,301 17,900 9,000 6,500 72.22%100-4404 Administrative Citations - Fireworks 0 13,550 15,716 16,000 1,834 11.46%100-4405 Administrative Citations - Code Enf 0 0 3.825 1,500 4,943 329.52%100-4491 Court Ordered - Restitution 3,709 785 278 500 (140) -28.00%

Total - Fines & Forfeitures 1,057,535 1,032,943 1,009,431 958,242 708,830 73.97%

100-4501 Interest Earnings 257,582 26,120 630,225 156,060 867,358 555.78%100-4599 Investment Mkt Value-Gains/Losses 0 0 (274455) 0 274,455 #DlV/0100-4502 Bond Interest Earnings 2 610 6,654 0 0 #DIV/0!100-4503 Interest from Advances 1,248,958 527,667 431,416 473,524 0 0.00%100-4504 Loan Repayment 0 0 10,180 0 0 #DIV/0!100-4520 Property Rental 131,421 206,300 231,215 235,000 165,471 70.41%100-4521 SaleofProperty 6,073 1,340 8,810 2,000 22,645 1132.25%100-4523 Advertisement Revenues 75,095 64,272 58,207 68,147 35,600 52.24%100-4524 Easement Grants 200,000 0 0 0 0 #DIV/0!

Total - Use of Money & Property 1,919,131 826,309 1,102,250 934,730 1,365,529 146.09%

5

CITY OF SOUTH GATEFISCAL YEAR 201 8-19



ACCOUNT DESCRIPTION 2015-16 2016-17 2017-18 2018-19 AS OF 2-28-19 REC’DGeneral Fund (Cont.)100-4601 Motor Vehicle In Lieu Tax 38955 44,609 51919 52,957 47,105 88.95°/a100-4602 State Mandated Cost Reimb. 121,626 19,838 19,521 1,000 365 36.54°,&100-4608 P.O.S.TJS.T.C Reimb. 6,226 3,730 4,875 5,500 1,960 35.64%100-4613 CA Victim Compensation Program 225 0 0 0 0 #DIV/0!100-4626 ABlO9TaskForce-SEParoIe 254,088 211,907 0 0 0 #DIV/01100-4681 Park Maintenance Grant 31,726 157,327 353,230 40,000 0 0.00%100-4699 Other Intergovernmental Grants 8,285 0 4,204 3,965 444 11.19%

Total - Intergovernmental 461,132 437,412 433,749 103,422 49,874 48.22°h

100-4701 Building Inspection 11,350 6,643 7,560 7,344 5,293 72.07°h100-4702 Pre-sale Inspections 37668 36,805 35,220 35,190 19,976 56.77%100-4703 Occupancy Inspections 90,109 75,492 80,301 79,254 51,728 65.27°h100-4704 Code Restoration 39,750 33,250 23,886 25,500 11,350 44.51 %100-4705 Plan Check 361,083 253,510 257,453 268,770 301,037 112.01%100-4706 Title 24- Plan Check 29,066 18,114 28,666 29,070 35,393 121.75%100-4707 Zoning and Subdivision 80,818 126,244 126,763 107,100 81,710 76.29°h100-4716 Enterprise Zone Fees 0 11 0 0 0 #DIV/0!100-4720 Vehicle Inspection 7,733 6,232 7,448 6,350 4,912 77.35%100-4721 Vehicle Impound 184,404 187,066 237643 190,000 153,549 80.82%100-4722 DUI Cost Recovery 32,882 34,486 39,381 29,000 24,302 83.80%100-4723 Vehicle Repo Fee 3,495 4,155 4,575 4,175 2,974 71.23%100-4724 Police Reports 8,756 10,909 9,070 8,400 6,181 73.58%100-4725 Fingerprinting 8,995 6,288 6,689 6,100 646 10.59%100-4726 False Alarm 52,803 94,932 92,368 88900 76,973 86.58%100-4728 Tweedy Mile Security 64369 33,709 3.4,152 35,000 0 0.00%100-4729 Witness Fees 2,645 1,650 826 750 0 0.00%100-4730 Other Police Services 929 1,102 3,006 2,000 5,988 299.40%100-4740 ParkAquatics 226,247 210,786 224,718 250,100 181,789 72.69%100-4741 Park Rents & Concessions 292,438 317,498 144,064 300,000 91,678 30.56%100-4742 Recreation Classes 73,397 74,888 45,654 99,040 14,104 14.24%100-4743 Golf Course 37,900 35,837 36,298 33,650 20,895 62.10%100-4744 Youth Programs 72,881 66,910 120,407 74,040 78,971 106.66%100-4745 Sports Center 302,806 334,287 413,211 392,461 286,003 72.87%100-4746 Senior Programs 33,548 28,450 33,047 38,475 16,980 44.13%100-4747 Special Events 31,362 23,354 19,102 24,050 18,922 78.68%100-4748 AdultSports 139,289 143,412 126,449 163,525 91,011 55.66%100-4749 Youth Sports 53,668 66,167 69,864 67,425 39,561 58.67%100-4750 Teen Program 878 300 1,795 5,500 1,400 25.45%100-4751 Leased Facilities 187,664 77,615 39,975 0 24,600 #Dl VIOl100-4770 ROW Maintenance 1,380 1,149 31,979 1,300 31,523 2424.85%100-4780 Passport Application Fees 0 0 11,370 7,000 6,679 95.41%

Total - Fees & Charges 2,470,312 2,311,247 2,312,938 2,379,469 1,686,126 70.86%

100-4901 Administrative Allocation 3,020,121 2,926,828 2,701,715 2,932,275 1,416,703 48.31%100-4902 Property Damage 42,951 345 0 0 0 #DIV/0!100-4903 Misc. Reimbursements 622,660 302,823 315,960 292,000 107,118 36.68%100-4904 Donations 10,000 1,000 1,000 1,000 0 0.00%100-4905 Settlements 93,067 22,784 5,399,152 25,000 2,250 9.00%100-4907 Energy Grants/Reimbursements 0 679 0 0 0 #DIV/0!100-4908 Donation - Business Watch Program 0 30,000 0 0 0 #DIV/0!100-4950 Cash Over/Short (20) (257) (407) 0 (89) #DIV/0!100-4951 Administrative Fees 10 228 171,610 300 50 16.67%100-4995 Misc. Revenue 81,058 84,640 52,504 75,000 43,395 57.86%100-4999 Transfer-In 10,000 0 0 5,000 0 0.00%

Total - Other Revenues 3,879,848 3,369,070 8,641,534 3,330,575 1,569,428 47.12%

Total - General Fund 48.91 2,093 47.261.025 53.909.481 48.502.958 26.455.705 54.54%

6




ACCOUNT DESCRIPTION 2015-16 201 6-17 201 7-18 201 8-19 AS OF 2-28-19 REC’DTraffic Safety211-4401 VehicleCodeFines 191,101 150,264 115,479 119,144 46,314 38.87%

Total -Traffic Safety Fund 191,101 150,264 115,479 119,144 46,314 38.87%

Gas Tax212-4501 Interest Earnings 15,934 14,176 2,551 12,000 (1,937) -16.14%212-4599 Investment Mkt Value-Gains/Losses 0 0 (3,844) 0 3,844 #DIV/0!212-4649 Gas Tax -2103 495,958 265,778 384,101 362,069 229,227 63.31%212-4650 Gas Tax -2105 542,063 559,521 535,249 552,971 307,820 55.67%212-4651 GasTax-2106 322,691 331,126 326,251 333,115 184,186 55.29%212-4652 GasTax-2107 713,340 716,882 704,094 712,697 382,805 53.71%212-4653 Traffic Congestion Relief 0 0 112,129 0 110,665 #DIV/0’212-4902 Property Damage 337 0 0 0 0 #DIV/0!212-4903 Misc Reimbursements 37,842 0 0 0 0 #DIV/0!212-4995 Miscellanous Revenue 0 0 162 0 0 #DIV/0’212-4999 Transfers-In 0 0 81,403 0 0 #DIV/0!

Total - Gas Tax Fund 2,128,166 1,887,483 2,142,094 1,972,852 1,216,609 61.67%

TDA Bikeway213-4655 TDA Bikeway 2,002 79,045 27 195,646 0 0.00%

Total -TDA Bikeway Fund 2,002 79,045 27 195,646 0 0.00%

Street Sweeping214-4501 Interest Earnings 791 1,997 3,975 2,037 (1,288) -63.23%214-4599 Investment Mkt Value-Gains/Losses 0 0 (2,556) 0 2,556 #DIV/0!214-4771 NPDES Fees . 4,829 5,552 742 5,663 505 8.92%214-4772 Street Sweeping Fee 685,436 688,285 681,104 702,050 411,574 58.62%214-4777 Utility City Statement Fee 948 934 906 953 525 55.06%

Total - Street Sweeping Fund 692,004 696,768 684,170 710,703 413,872 58.23%

Road Repair & Accountability Act (SBI)215-4501 Interest Earnings 0 0 1,219 7,000 (360) -5.14%215-4599 InvestmentMktValue-Gains/Losses 0 0 (715) 0 715 #DIV/0!215-4647 Transportation Loan Repayments 0 0 0 112,129 0 0.00%215-4648 Road Maintenance & Rehab 0 0 577,946 1,637,904 908,176 55.45%

Total - Road Repair & Accountability Act Fund 0 0 578,450 1,757,033 908,530 51 .71%

CASp Certification & Training Fund216-4501 Interest Earnings 0 0 0 0 0 #DIV/0!216-4381 SB 1186/AB 1379 Fee 0 0 20,765 0 4,558 #DIV/0!

Total - CASp Certification & Training Fund 0 0 20,765 0 4,558 #DIV/0!

Prop A Transit221-4501 Interest Earnings 9,007 20,973 36,659 22,440 (12,301) -54.82%221-4520 Property Rental 71,250 75,000 75,000 75,000 37,500 50.00%221-4523 Advertisement Revenues 0 5,804 40 0 0 #DIV/0!221-4599 Investment Mkt Value-Gains/Losses 0 0 (24,415) 0 24,415 #DIV/0!221-4657 PropATransit 1733,853 1,761,728 1,857,455 1,930,519 1,350,571 69.96%221-4699 Intergovernmental Grants 413,802 145,918 143,377 150,000 0 0.00%221-4753 Bus Pass Sales 75,378 68,542 63,024 66,320 38,977 58.77%221-4755 Fixed Route Fare Box Revenue 127,764 133,463 125,235 127,362 68,543 53.82%221-4950 Cash Over/Short 40 0 0 0 (10) #DIV/0!221-4995 Miscellaneous 9,759 10,255 10,333 8,200 6,000 73.17%

Total - Prop A Transit Fund 2,440,854 2,221,683 2,286,708 2,379,841 1,513,696 63.60%

Prop C Transit222-4501 Interest Earnings 14,303 27,142 55,957 32,000 (18,545) -57.95%222-4599 Investment Mkt Value-Gains/Losses 0 0 (36,810) 0 36,810 #DIV/0!222-4657 Prop C Transit 1442,723 1,466,593 1,535,349 1,601,315 1120,262 69.96%222-4699 Other Grants 9,040 0 (0) 0 0 #DIV/0!

Total - Prop C Transit Fund 1,466,066 1,493,735 1,554,497 1,633,315 1,138,527 69.71%




ACCOUNT DESCRIPTION 2015-16 201 6-17 201 7-18 201 8-19 AS OF 2-28-19 REC’DAQMD223-4501 Interest Earnings 1,290 2753 6,010 3,100 (1,982) -63.92°i223-4599 Investment Mkt Value-Gains/Losses 0 0 (3,933) 0 3,933 #DIV/0223-4604 AQMD 121,611 127,161 124,739 122,061 31,825 26.07°i223-4995 Miscellaneous 0 19,100 0 127,400 0 0.000,

Total - AQMD Fund 122,901 149,013 126,816 252,561 33,777 13.37°1

Measure R Transit224-4501 Interest Earnings 13,849 25,632 54,308 20,500 (17,973) -87,67°)224-4599 Investment Mkt Value-Gains/Losses 0 0 (35,673) 0 35,673 #DIV/0224-4658 Metro Call for Projects 0 2,330 73,455 0 0 #DIV!0224-4661 Measure R 1,079,291 1,096,245 1,153,975 1,201,011 840,970 70.02°i

Total - Measure R Transit Fund 1,093,140 1,124,207 1,246,065 1,221,511 858,670 70.30°)

Measure M Transit225-4501 Interest Earnings 0 0 6,014 12,000 (1,776) -14.80°)225-4599 Investment Mkt Value-Gains/Losses 0 0 (3,525) 0 3,525 #DIV/0225-4658 Metro Call for Projects 0 0 0 0 0 #DIV/0225-4671 MeasureM 0 0 1,045,766 1,361,118 945,929 69.50°)

Total - Measure M Transit Fund 0 0 1,048,255 1,373,118 947,678 69.02°)

Law Enforcement Grants #DIV/0231-4501 Interest Earnings 3,393 3,770 6,156 4,200 (2,131) -50.73231-4599 Investment Mkt Value-Gains/Losses 0 0 (4,229) 0 4,229 #DIV/0231-4620 Edward Byrne Memorial Grant 2,883 68,519 8,264 43,038 6,972 16.20°)231-4621 AB3229-COPS 173,087 199,361 211,356 225,000 191,802 85.25°/231-4624 OTS Grants 77,244 78,883 79,571 162,366 15,691 9.66°)231-4627 COPS Hiring Military Grant 163,527 0 0 0 0 #DIV/0231-4628 Andeavor Grant - Business Watch 0 0 30,000 0 0 #DIV/0231-4683 ABC Grant 19,660 17,196 0 0 0 #DIV/0231-4699 Other Intergovernmental 0 0 13,547 0 11,214 #DIV/0231-4999 Transfers-In 0 0 30,000 0 0 #DIV/0

Total - Law Enforcement Grants Fund 439,794 367,730 374,664 434,604 227,777 52.41°)

Asset Forfeiture235-4501 Interest Earnings 19,000 36,730 65,943 18,000 (22,201) -123.34°)235-4599 Investment Mkt Value-Gains/Losses 0 0 (44,066) 0 44,066 #DIV/0235-4635 Federal Dept of Justice 1,592,831 2,148,695 474,827 1,000,000 1,038,074 103.81°)235-4636 Federal Dept of Treasury 23,385 0 0 0 0 #DIV/0235-4638 State Dept of Justice 0 0 14,665 0 0 #DIV/0235-4904 Donations 3,000 0 0 0 0 #DIV/0

Total - Asset Forfeiture Fund 1,638,216 2,185,424 511,369 1,018,000 1,059,938 104.12°)

Housing Authority241-4501 Interest Earnings 1,778 2,363 5,823 2,500 1,864 74.54°)241 -4504 Loan Repayment 0 0 0 0 0 #DIVIO241-4520 Property Rental 0 0 0 0 0 #DIV/0241-4540 Housing Assistance Pmts 0 0 0 0 26,504 #DIV/0241-4599 Investment Mkt Value-Gains/Losses 0 0 (512 0 512 #DIV/0241-4690 HUD Allocation 3,836,909 3,746,239 3,802,025 3,800,000 2,326,789 61.23°)241-4691 Program Admin Fees 481,695 448,138 473,400 450,000 286,274 63.62°)241-4693 Earned lncome-Admin PrYrsAdj 6,021 (248) 10,527 0 0 #DIV/0241-4694 Fraud Recovery - HAP 1,568 3,981 12,692 5,000 3,639 72.79°)241-4695 Fraud Recovery-Admin 1,568 3,981 12,692 5,000 3,639 72.79°)241-4697 Port-In HAP Revenues 115,994 189,787 91,725 175,000 56,911 32.52°)241-4698 Port-In HAP Admin Fee Revenues 10,764 16,161 8,293 12,000 5,568 46.40°)

Total - Housing Authority Fund 4,456,295 4,410,402 4,416,665 4,449,500 2,711,700 60.94°)

8



ACTUAL ACTUAL ACTUAL AMENDED ACTUALREVENUES REVENUES REVENUES REVENUES REVENUES

ACCOUNT DESCRIPTION 2015-16 2016-17 2017-18 2018-19 AS OF 2-28-19 REC’DHOME Program242-4504 Loan Repayment 0 0 0 5,380 32,183 598.20%242-4690 HUDAllocation 554,984 498,250 492,267 416,297 113,996 27.38%242-4999 Transfers-In 100,000 100,000 83,560 100,000 42,064 42.06%

Total - HOME Program Fund 654,984 598,250 575,826 521,677 188,244 36.08%

CDBG243-4503 Advances 98,816 79427 58,535 36,165 0 0.00%243-4504 Loan Repayment 4,276 4427 429 1,000 1,750 175.00%243-4690 HUDAllocation 1,117,655 2,197,870 864,211 1,300,000 615,552 47.35%243-4696 Prior Years Carryover 0 0 840,933 35,324 0 0.00%243-4708 Commercial Façade Contributions 0 18,517 16,570 0 0 #DIV/0!243-4995 Misc. Revenue 0 0 (1500) 0 0 #DIV/0!

Total - CDBG Fund 1,220,746 2,300,241 1,779,177 1,372,489 617,302 44.98%

ARRA245-4999 Transfers-In 18,123 0 0 0 0 #DIV/0!

Total - ARRA Fund 18,123 0 0 0 0 #DIV/0!

Street Lighting & Landscaping251-4105 Penalties/Delinquencies 18,851 12,243 13,976 12,500 5,051 40.41%251-4108 Street Lights Assessments 2,001,945 1,983,804 2,001,685 1,993,641 1,119,037 56.13%251-4501 Interest Earnings 5,354 9,750 8,019 8,000 (3,178) -39.72%251-4521 Saleof Property 24,563 0 0 0 0 #DIV/0!251-4599 Investment Mkt Value-Gains/Losses 0 0 (6,308) 0 6,308 #DIV/0!251-4902 Property Damage 0 0 0 0 0 #DIV/0!251-4903 Misc Reimbursements 1,901 221,683 0 0 0 #DIV/0l251-4905 Settlement/Ins. Recoveries 0 0 3,712 0 170 #DIV/0!251-4907 Energy Reimbursements 0 7,731 0 0 0 #DIV/0!251-4980 Bond/Loan Proceeds 882,556 6,561 0 0 0 #DIV/0!

Total - Street Lighting & Landscaping Fund 2,935,170 2,241,772 2,021,085 2,014,141 1,127,388 55.97%

Federal & State Grants261-4504 Loan Repayment 0 0 0 0 0 #DIV/0!261-4614 Cal-Home Grant 0 246,420 240,326 0 0 #DIV/0!261-4615 WM Think Green Grant (CEHAT) 0 0 2,500 0 0 #DIV/0!261-4656 Safe Route to School Grant 1,112,994 1,286 254,572 0 0 #DIV/0!261-4658 Metro Call for Projects 1,804,634 879,116 3,176,188 0 1,572,580 #DIV/0I261-4660 HBRR Grant 2,314,573 3,629,702 1,323,468 0 540 #DIV/0!261-4663 METRO CicLAvia Grant 71,750 0 0 0 0 #DIV/0!261-4665 Prop 1 Grant- SWRCB 0 0 0 7,975,100 0 0.00%261-4680 RMC Grant 350,000 0 0 0 0 #DIV/0!261-4682 PropARecreationGrant 621,596 1,412,834 0 0 0 #DIV/0!261-4690 HUD Allocation 19,837 0 0 0 0 #DIV/0!261-4699 Other Intergovernmental (2,234,938) 4,114,731 79,041 127,400 86,312 67.75%261-4999 Transfers-In 17,938 0 0 0 0 #DIV/0!

Total - Federal & State Grants Fund 4,078,384 10,284,087 5,076,096 8,102,500 1,659,432 20.48%

UDAG262-4501 Interest Earnings 3,575 6,497 2,576 3,500 (2,023) -57.79%262-4599 Investment Mkt Value-Gains/Losses 0 0 (4,015) 0 4,015 #DIV/0!262-4699 Other Grants 196,059 125,481 0 0 0 #DIV/0!

Total - UDAG Fund 199,634 131,978 (1,438) 3,500 1,992 56.91%

Public Access Corp.263-4501 Interest Earnings 1,005 1,185 1,160 600 (446) -74.42%263-4599 Investment Mkt Value-Gains/Losses 0 0 (886) 0 886 #DIV/0!263-4995 Miscellaneous 0 0 0 0 0 #DIV/0!

Total - Public Access Corp. 1,005 1,185 274 600 440 73.29%

9




ACCOUNT DESCRIPTION 2015-16 2016-17 2017-18 2018-19 AS OF 2-28-19 REC’DPark Enhancement Fund271-4501 Interest Earnings 0 0 5358 1500 (1582) -105.46%271-4599 Investment Mkt Value-Gains/Losses 0 0 (3140) 0 3,140 #DIV/0!271-4751 Lease Facilities 0 0 250028 247,845 194,495 78.47%271-4904 Donations 0 0 14786 0 0 #DIV/0’271-4999 Transfers-In 0 0 215780 0 0 #DIV/0’

Total - Park Enhancement Fund 0 0 482,811 249,345 196,053 78.63%

Measure A (Park Improvements)272-4685 Measure A Parks Grant 0 0 0 250,000 0 0.00%272-4686 Maintenance & Servicing Funds 0 0 0 12,500 0 0.00%

Total - Measure A (Park Improvements) Fund 0 0 0 262,500 0 0.00%

Capital Improvements311-4501 Interest Earnings 3,440 0 (3,440) 0 0 #DIV/0!311-4699 Other Intergovernmental-LAUSD 235,118 74,000 135,000 0 0 #DIV/O!311-4903 Misc Reimbursements 0 0 0 0 0 #DIV/0?311-4904 Donations 0 550 0 0 15,000 #DIV/0’311-4995 Miscellaneous 0 0 2,920 0 0 #DIV/0!311-4999 Transfers In 12,686,957 11,112,113 12,800,344 46,691,724 3,963,602 8.49%

Total - Capital Improvements Fund 12,925,515 11,186,663 12,934,824 46,691,724 3,978,602 8.52%

Successor Agency321-4520 Property Rental 24,353 20,606 24,353 22,480 14,986 66,67%321-4999 Transfers-In 0 0 250,000 250,000 0 0.00%

Total - Successory Agency Fund 24,353 20,606 274,353 272,480 14,986 5.50%

LowlMod Housing322-4110 ABx1 26 PTR Residual 26400 377,890 127,088 225,554 20,525 0 0.00%322-4501 Interest Earnings 0 623 14,871 750 (3,618) -482.45%322-4504 Loan Repayment 0 46,184 3,220 4,300 3,163 73.57%322-4520 Property Rental 15,626 13,222 18,876 18,324 12,216 66.67%322-4599 Investment Mkt Value-Gains/Losses 0 0 (7,182) 0 7,182 #DIV/0!322-4905 Settlements 0 0 0 0 0 #DIV/0!322-4998 Transferof Assets 2,135,000 0 0 0 0 #DIV/0!

Total - LowlMod Housing Fund 2,528,516 187,117 255,338 43,899 18,943 43.15%

Water411-4501 InterestEarnings 112,519 166,897 318,646 178,500 (107,447) -60.19%411-4502 Bond Interest Earnings 68,857 70,633 96,508 77,000 0 0.00%411-4522 Water Rights 489,750 490,000 935,700 570,000 570,000 100.00%411-4525 Water Impact Fees 282,180 26,133 232,877 35,000 0 0.00%411-4599 Investment Mkt Value-Gains/Losses 0 0 (213,010) 0 213,010 #DIV/0!411-4771 NPDES Inspections 0 0 0 0 474 #DIV/0!411-4773 Utility Service 19,347,855 18,820,661 19,252,700 20,318,359 11,450,812 56.36%411-4774 Utility Connections 14,989 17,441 14,949 14,200 10,272 72.34%411-4775 Meter Installation 69,051 66,915 48,106 47,000 12,018 25.57%411-4776 Penalties 298,167 271,067 257,497 275,000 154,581 56.21%411-4902 Property Damage 5,257 3,641 0 0 0 #DIV/0!411-4903 MiscReimbursements 1,703 0 0 0 0 #DIV/0!411-4907 Energy Reimbursements 0 14,390 10,892 5,000 0 0.00%411-4950 Cash Over/Short (702) (679) (209) 0 (259) #DIV/0!411-4981 Bond Premium 58,569 58,569 58,569 0 0 #DIV/0!411-4995 Miscellaneous 16,136 10,857 19,820 16,000 6,454 40.34%411-4999 Transfers-In 1,645,532 1,582,969 203,595 0 40 #DIV/0!

Total - Water Fund 22,409,863 21,599,493 21,236,640 21,536,059 12,309,955 57.16%

10




ACCOUNT DESCRIPTION 201 5-16 201 6-17 201 7-18 201 8-19 AS OF 2-28-19 REC’DSewer412-4342 Industrial Waste Permits 134,216 132,698 154282 140,000 10,367 7.41%412-4501 Interest Earnings 8,868 13,251 19,803 17,500 (6,906) -39.46°,412-4599 Investment Mkt Value-Gains/Losses 0 0 (13,708) 0 13,708 #DIV/0l412-4771 NPDES Inspections 30,028 0 0 35,000 0 0.00%412-4773 UtilityService 1,180,008 1,205,485 1,194,121 1,227,113 701,409 57.16%412-4777 Utility City Statement Fee 1,434 1,421 1,477 1,525 872 57.19%412-4995 Miscellaneous 560 0 0 0 0 #DIV/0’

Total - Sewer Fund 1,355,114 1,352,855 1,355,976 1,421,138 719,450 50.62°k

Refuse413-4501 Interest Earnings 2,352 6,299 11,690 5,100 (3,918) -76.83%413-4599 Investment Mkt Value-Gains/Losses 0 0 (7,777) 0 7,777 #DIV/0!413-4606 Used Oil Block Grant 35,328 19,254 22,397 20,000 0 0.00%413-4607 Beverage Container Grant 35,924 16,323 14,355 17,000 0 0.00%413-4773 Refuse Billings 3,710,888 3,731,714 3,850,521 3,952,826 2,311,745 58.48%413-4777 Utility City Statement Fee 5,498 5,519 5,495 5,500 3,204 58.25°h413-4995 Miscellaneous 0 496 0 0 0 #DIV/0’

Total - Refuse Fund 3,789,989 3,779,604 3,896,681 4,000,426 2,318,807 57.96%

Insurance511-4501 Interest Earnings 30,982 46,204 93,330 0 (31,774) #DIVIO!511-4599 Investment Mkt Value-Gains/Losses 0 0 (63,065) 0 63,065 #DIVIO!511-4901 Administrative allocation 4,520,355 3,644,534 3,640,727 2,618,509 1,822,610 69.60%511-4905 Settlements/Insurance Recoveries 167,747 70,823 5,098 0 97,045 #DIVIO’511-4995 Misc Revenue 0 0 0 0 2,450 #DIVIO!

Total - Insurance Fund 4,719,084 3,761,561 3,676,089 2,618,509 1,953,397 74.60%

Fleet Management521-4501 Interest Earnings 231 0 (98) 0 (39) #DIVIO!521-4599 Investment Mkt Value-Gains/Losses 0 0 (78) 0 78 #DIV/0!521-4901 Administrative allocation 1,275,187 1,562,570 1,572,279 1,576,762 788,381 50.00%521-4903 Misc. Reimbursemens 10,481 0 860 0 0 #DIVIO’

Total - Fleet Management Fund 1,285,898 1,562,570 1,572,964 1,576,762 788,420 50.00%

Information Systems522-4501 Interest Earnings 2,789 4,726 9,319 7,700 (3,176) -41.25%522-4599 Investment Mkt Value-Gains/Losses 0 0 (6,304) 0 6,304 #DIV/0!522-4901 Administrative allocation 648,957 736,781 739252 741640 370,820 50.00%522-4903 Miscellaneous Reimbursements 0 0 594 0 0 #DIV/0!522-4995 Miscellaneous 0 0 0 0 0 #DIV/0!

Total - Information Systems Fund 651,746 741,507 742,861 749,340 373,948 49.90%

Capital Asset & Equipment Replacement523-4501 Interest Earnings 0 0 56,459 25,000 (16,671) -66.68%523-4599 Investment Mkt Value-Gains/Losses 0 0 (33,088) 0 33,088 #DIV/0I523-4901 Administrative allocation 0 0 245,003 0 0 #DIVIO!523-4915 CAER Allocation 0 0 577,302 103,379 0 0.00%523-4999 Transfers-In 0 0 3,929,504 0 0 #DIV/0I

Total - CAER Fund 0 0 4,775,179 128,379 16,418 12.79%

Building & Infrastructure Maintenance524-4501 Interest Earnings 0 0 28256 7,500 (8,343) -111.24%524-4599 Investment Mid Value-Gains/Losses 0 0 (16.560) 0 16,560 #DIV/0!524-4920 BIM Allocation 0 0 0 0 0 #DIV/0!524-4999 Transfers-In 0 0 2,000,000 0 0 #DIV/0!

Total - BIM Fund 0 0 2,011,696 7,500 8,217 109.55%

11




ACCOUNT DESCRIPTION 2015-16 2016-17 2017-18 2018-19 AS OF 2-28-19 REC’DSuccessor Agency Debt Service #DIV/0611-4111 ABX1 26ROPSTABSRPTTF 5,912,016 6,413,135 6,060,414 4,901,099 0 0.00°A611-4502 Bond Interest Earnings 1,572 5,986 17,944 0 0 #DIV/0611-4981 Bond Premium 384,658 384,658 384,658 0 0 #DIV/0

Total - Successor Agency Debt Service Fund 6,298,246 6,803,779 6,463,016 4,901,099 0 o.0DA

Ardine Assessment District621-4108 Assessments 0 0 0 0 0 #DIV/0621-4501 Interest Earnings 0 0 0 0 0 #DIV/0621-4999 Transfers-In 0 0 26,087 0 0 #DIV/0

Total - Ardine Assessment District Fund 0 0 26,087 0 0 #DIV/0

Total -All Other Funds 79,766,912 81,319,022 84,261,559 113,991,895 37,373,640 32.79°4

Total -All Funds (General & All Other) 128.679,004 128.580.046 138.171,040 162,494,853 63,829,345 39.28°A

Attachment B

CITY OF SOUTH GATEFISCAL YEAR 2018/19

8-MONTH EXPENDITURE SUMMARY REPORT

ACTUAL ACTUAL ACTUAL AMENDED ACTUALEXPENDITURES EXPENDITURES EXPENDITURES BUDGET EXPENDITURES %

ACCOUNT NO. - DESCRIPTION 2015116 2016/17 2017/18 2018/19 2/28/2019 EXPENDED

General Fund

City Council

100-110-11 188735 201,813 291,023 309,550 181,167Total - City Council 188,735 201,813 291,023 309,550 181,167 58.5%

City Clerk

100-140-11 445,484 499,186 427,256 480,346 298,179Total - City Clerk 445,484 499,186 427,256 480,346 298,179 62.1%

City Treasurer

100-160-11 15,449 18,615 40,861 41,828 20,444Total - City Treasurer 15,449 18,615 40,861 41,828 20,444 48.9%

City Attorney

100-130-12 1,006,763 1,703,002 1,510,361 1,088,479 947,692Total - City Attorney 1,006,763 1,703,002 1,510,361 1,088,479 947,692 87.1%

City Manager

100-120-12 -Administration 700,610 749,373 783,352 853,811 559,342 65.5%100-150-44 - Community Promotion 313,098 289,908 301,682 259,916 132,348 50.9%

Total - City Manager 1,013,708 1,039,281 1,085,035 1,113,727 691,690 62.1%

Administrative Services

100-301-12 - AS Admin./Accounting 1,355,022 1,448,724 1,505,056 1,860,836 1,045,741 56.2%100-303-12 - Purchasing 147,469 195,095 208,867 234,257 152,050 64.9%100-302-12 - Business License 255,750 252,229 268,926 286,399 177,353 61.9%100-304-12 - Customer Service 582,081 0 0 0 0 #DIV/0!100-201-12 - Human Resources 671,281 745,107 812,840 838,628 475,923 56.8%100-202-12 - Summer Youth EmpI Prog (SY 0 0 8,542 100,000 83,647 83.6%100-900-12 - Non-Departmental 4,317,082 2,476,460 12,255,537 0 0 #DIV/0!

Total -Administrative Services 7,328,685 5,117,615 15,059,768 3,320,120 1,934,715 58.3%

Parks & Recreation

100-401-61 - Parks Administration 1,107,603 1,100,950 1,182,823 1,359,796 751,907 55.3%100-410-61 -ContractClasses 104,544 114,692 121,753 144,119 81,021 56.2%100-411-61 -Youth Programs 156,580 152,615 183,955 229,208 107,846 47.1%100-412-61 -Senior Services 155,787 155,972 164,381 190,446 113,715 59.7%100-413-61 - Special Events 164,057 151,457 172,908 186,347 119,337 64.0%100-414-61 - Sports Center 367,367 574,234 542,080 636,297 341,615 53.7%100-415-61 - Aquatics 401,500 487,186 554,277 570,359 324,299 56.9%100-416-61 - Youth Sports 198,127 205,680 223,436 256,099 140,736 55.0%100-417-61 -Adult Sports 140,029 153,469 208,439 229,590 85,116 37.1%100-418-61 -Teen Programs 65,068 72,085 72,493 94,130 82,434 87.6%100-460-61 - Grounds Maintenance 2,226,717 2,538,016 2,684,147 2,732,673 1,677,250 61.4%100-461-61 - Custodial Maintenance 832,833 839,477 897728 1,045,323 660,027 63.1%100-470-61 -Golf Course 129,206 127,999 146,640 171,382 90,715 52.9%100-471-61 - Leased Facilities 48,764 43,864 77,051 136,681 71,038 52.0%

Total - Parks & Recreation 6,098,182 6,717,696 7,232,112 7,982,450 4,647,057 58.2%

13




ACCOUNT NO. - DESCRIPTION 2015116 2016117 2017/18 2018/19 212812019 EXPENDED

Police100-501-21 - Police Administration 2,056,183 2095,570 2,188,615 2701,549 2,307,031 85.4%100-502-21 - Patrol 13,837,720 15,046,131 16,400,919 18,655,138 11,563,823 62.0%100-503-21 - Services 5,333,633 5,388,462 5,571,032 5,504,771 3,720,784 67.6%100-590-21 - Pension Obligation Bonds 2,014,662 2,014,649 2,016,952 2,015,439 0 0.0%

Total - Police 23,242,199 24,544,812 26,177,518 28,876,897 17,591,638 60.9%

Community Development100-601-42 - CD Administration 870,911 725,396 512,397 691,684 408,523 59.1%100-602-42 - Inspections 995,396 845,298 1,221,732 1,545,510 857,517 55.5%

100-603-41 - Planning 590,443 512,762 555,077 615,079 347,651 56.5%

100-604-29 - Code Enforcement 264,076 335,235 287,215 296,793 231,413 78.0%

100-661-49 - Enterprise Zone 0 0 0 0 0 #DIV/O!

Total - Community Development 2,720,826 2,418,691 2,576,422 3,149,066 1,845,104 58.6%

Public Works100-701-31 - PWAdmin./Engineering 1,282,617 1,243,250 1,424,924 1,940,911 1,030,211 53.1%100-710-12 - General Maintenance 1,603,220 1,895,496 2,198,786 2,301,957 1,260,783 54.8%100-712-29 - Graffiti Abatement 151,738 253,473 393,142 289,590 137,605 47.5%

Total - Public Works 3,037,575 3,392,219 4,016,852 4,532,458 2,428,599 53.6%

Non-Departmental100-900-12 - Non-Departmental 0 0 0 5,514,727 308,512 5.6%

Total - Non-Departmental 0 0 0 5,514,727 308,512 5.6%

Total - General Fund 45,097,606 45,652,930 58,417,207 56,409,648 30,894,796 54.8%

Traffic Safety211-505-29 302,130 292,012 301,484 305,515 155,401

Total - Traffic Safety Fund 302,130 292,012 301,484 305,515 155,401 50.9%

Gas Tax212-604-49 - CD Code Enforcement 0 0 761 20,852 12,020 57.6%212-713-31 - PW Street Maintenance 3,442,193 3,440,092 2,583,887 3,287,371 1,524,820 46.4%

Total - Gas Tax Fund 3,442,193 3,440,092 2,584,648 3,308,223 1,536,840 46.5%

TDA Bikeway213-780-31 2,002 79,072 0 0 0

Total - TDA Bikeay Fund 2,002 79,072 0 0 0 #DIV/O!

Street Sweeping

214-730-31 - Operations 606,707 571,558 612,924 537,298 321,841 59.9%214-304-12-CustomerService 0 14,137 16,070 16,842 11,412 67.8%

Total - Street Sweeping Fund 606,707 585,695 628,994 554,140 333,253 60.1%

Road Repair & Accountability Act215-713-31 0 0 166,965 1,828,361 416,076

Total - RRAA Fund 0 0 166,965 1,828,361 416,076 22.8%

14

CITY OF SOUTH GATEFISCAL YEAR 201 8/19



ACCOUNT NO. - DESCRIPTION 2015/16 2016117 2017118 2018/19 2/28/2019 EXPENDED

CASp Certification & Training Fund216-701-14 0 0 0 0 0

Total - GASp Fund 0 0 0 0 0 #DIV/0!

Prop A Transit221-480-33 2,039,617 2,283,757 2,151,344 2,439,264 1,236,639

Total - Prop A Transit Fund 2,039,617 2,283,757 2,151,344 2,439,264 1,236,639 50.7%

Prop C Transit222-780-31 890,417 730,923 932,503 3,824,863 1,393,642

Total - Prop C Transit Fund 890,417 730,923 932,503 3,824,863 1,393,642 36.4%

AQMD223-610-49 30,218 33,233 145,537 370,383 29,141

Total - AQMD Fund 30,218 33,233 145,537 370,383 29,141 7.9%

Measure R Transit224-780-31 548,083 377,085 253,614 130,581 4,543

Total - Measure R Transit Fund 548,083 377,085 253,614 130,581 4,543 3.5%

Measure M Transit225-780-31 0 0 323,818 2,244,737 21,517

Total - Measure M Transit Fund 0 0 323,818 2,244,737 21,517 1.0%

Law Enforcement Grants231-540-21 -State Grant 412,594 259,361 244,015 347,715 141,963 40.8%231-541-21 - Homeland Security Grant 0 0 0 0 0 #DIV/0!231-542-21 -Edward Byrne (ARRA#1) 0 0 0 0 0 #DIV/0!231-549-21 - Edward Byrne JAG Grant 0 0 0 0 0 #DIV/0!231-551-21 -ABC Grant 19,660 17,196 0 0 0 #DIV/O!

231-554-21 - Edward Byrne 2,883 68,519 8,264 50,010 6,972 13.9%231-555-21 - Military Grant 163,527 528 0 0 515 #DIV/0!231-556-21 - OTS Grant 77,244 78,883 79,571 162,366 32,351 19.9%231-557-21 - Business Watch Program 0 0 11,306 20,931 13,986 66.8%231-558-2 1 - Law Enforcement Assisted Div 0 0 10,098 0 0 #DIV/0!

231-559-21 - Homeless Outreach Services 1 0 0 3,448 0 7,510 #DIV/0!Total - Law Enforcement Grants Fund 675,908 424,488 356,702 581,022 203,297 35.0%

Asset Seizure235-570-21 946,279 1,069,203 977,276 1,702,740 1,169,667

Total - Asset Seizure Fund 946,279 1,069,203 977,276 1,702,740 1,169,667 68.7%

Housing Authority241-630-43 6,703,433 4,440,671 4,670,391 4,797,144 2,781,337

Total - Housing Authority Fund 6,703,433 4,440,671 4,670,391 4,797,144 2,781,337 58.0%

15

CITY OF SOUTH GATEFISCAL YEAR 201 8/19



ACCOUNT NO. - DESCRIPTION 2015116 2016/17 2017118 2018/19 2128/2019 EXPENDED

HOME Program242-601-43 - Administration 51,361 55,994 42,586 52,283 35,273 67.5%242-605-43 - HOME Delivery 100,000 100,000 83,560 100,000 58,968 59.0%242-631-43 - HOME Projects 503,623 442,256 277,511 369,394 122125 33.1%242-635-43 - HOME CHDO 0 0 0 0 0 #DIV/0!

Total - HOME Program Fund 654,984 598,250 403,656 521,677 216,366 41.5%

CDBG243-601-43 - Administration 263,407 250,963 239,813 260,000 156,656 60.3%243-604-29 - Code Enforcement 261,902 300,000 305,300 375,000 208,602 55.6%243-634- Projects 443,376 891,878 901,466 886,489 77,023 8.7%243-712-29-Graffiti Abatement 107,450 110,342 111,865 140,000 102,943 73.5%243-713-29 - Street Maintenance 384,612 1,307,058 849,717 764,354 401,008 52.5%

Total - CDBG Fund 1,460,746 2,860,241 2,408,161 2,425,843 946,231 39.0%

ARRA245-714-25 18,123 0 0 0 0

Total - ARRA Fund 18,123 0 0 0 0 #DIV/0!

Street Lighting & Landscape251-714-25 2,156,536 2,493,038 2,638,760 2,957,325 1,499,789

Total - Street Lighting & Landscape Fur 2,156,536 2,493,038 2,638,760 2,957,325 1,499,789 50.7%

Federal & State Grants261-632-43 - Emergency Shelter Grant 19,837 0 0 0 0 #DIV/0!261-636-44 - CicLAvia Grant 89,688 0 0 0 0 #DIV/0!261-638-40 - CAL-HOME Grant 0 246,420 263,989 0 0 #DIV/0!261-639-40 - Community Environmental He 0 0 2,460 0 0 #DIV/0!261-900-31 -Transfers Out 7,741,849 7,341,513 4,820,660 32,285,577 1,326,757 4.1%

Total - Federal & State Grants Fund 7,851,374 7,587,932 5,087,110 32,285,577 1,326,757 4.1%

UDAG262-603-41 409,328 359,677 0 69,849 0

Total - UDAG Fund 409,328 359,677 0 69,849 0 0.0%

Public Access Corp.263-150-12 28,351 74,049 33,740 61,926 20,918

Total - Public Access Corp. Fund 28,351 74,049 33,740 61,926 20,918 33.8%

Park Enhancement Fund271-490-61 0 0 43,282 320,000 0

Total - Park Enhancement Fund 0 0 43,282 320,000 0 0.0%

Measure A Parks272-495-69 0 0 0 0 0

Total - Measure A Parks Fund 0 0 0 0 0 #DlVIOl

16




ACCOUNT NO. - DESCRIPTION 2015116 2016/17 2017/18 2018119 2/2812019 EXPENDED

Capital Improvements311-790 12,499,940 11737,608 9,012,592 46,853,165 5,649,157

Total - Capital Improvements Fund 12,499,940 11,737,608 9,012,592 46,853,165 5,649,157 12.1%

Successor Agency321-660-43 466,936 385,063 531,129 285,100 185,414

Total - Successor Agency Fund 466,936 385,063 531,129 285,100 185,414 65.0%

LowlMod Housing322-630-43 65,195 22,351 29,035 25,000 47,745

Total - Low/Mod Housing Fund 65,195 22,351 29,035 25,000 47,745 191.0%

Water411-731-71 - Operations 13,572,038 12,391,591 13,773,169 20,502,244 5,811,214 28.3%411-304-12 - Customer Service 25 485,943 527,623 532,771 350,351 65.8%

Total - Water Fund 13,572,063 12,877,534 14,300,792 21,035,015 6,161,565 29.3%

Sewer412-732-52 - Operations 1,884,506 1,983,128 1,923,040 2,247,175 571,598 25.4%41 2-304-12 - Customer Service 0 20,259 26,395 28,296 19,194 67.8%

Total - Sewer Fund 1,884,506 2,003,387 1,949,435 2,275,471 590,793 26.0%

Refuse413-733-51 -Operations 3,495,069 3,646,793 3,729,334 3,696,278 2,211,470 59.8%413-304-12 - Customer Service 0 74,596 84,498 88,450 59,280 67.0%

Total - Refuse Fund 3,495,069 3,721,389 3,813,832 3,784,728 2,270,749 60.0%

Insurance51 1-220-12 3,155,985 4,764,392 8,667,985 4,125,080 2,867,886

Total - Insurance Fund 3,155,985 4,764,392 8,667,985 4,125,080 2,867,886 69.5%

Fleet Management521-750-12 1,367,866 1,552,928 1,754,531 1,925,357 1,059,010

Total - Fleet Management Fund 1,367,866 1,552,928 1,754,531 1,925,357 1,059,010 55.0%

Information Systems522-305-12 586,236 678,947 869,204 1,752,412 466,180

Total - Information Systems Fund 586,236 678,947 869,204 1,752,412 466,180 26.6%

CITY OF SOUTH GATEFISCAL YEAR 2018119


ACTUAL ACTUAL ACTUAL AMENDED ACTUALEXPENDITURES EXPENDITURES EXPENDITURES BUDGET EXPENDITURES

ACCOUNT NO. - DESCRIPTION 2015116 2016/17 2017118 2018/19 2/28/2019 EXPENDED

Capital Asset & Equipment Replacement523-140-11 -City Clerk 0 0 1,675 0 0 #DIV/0!523-303-12 - AS - Purchasing 0 0 0 40,000 0 0.0%523-306-12 - Capital Asset Replacement 0 0 790 0 0 #DIV/0!523-413-61 - P&R - Special Events 0 0 0 10,000 0 0.0%523-414-61 - P&R - Sports Center 0 0 0 12,000 0 0.0%523-415-61 - P&R-Aquatics 0 0 0 35,000 0 0.0%

523-460-61 - P&R - Grounds Maintenance 0 0 0 194,000 179,177 92.4%523-461-61 -P&R-Custodial 0 0 2,608 81,000 37,000 45.7%

523-501-21 -PD-Admin 0 0 0 60837 0 0.0%523-601-42-CD-Admin 0 0 0 1,550 1,493 96.3%523-602-42 - CD - Inspections 0 0 0 0 0 #DIV/0!

523-604-29 - CD - Code Enforcement 0 0 0 0 0 #DIV/0!

523-710-12 - PW - General Maintenance 0 0 5,187 281,545 0 0.0%

523-712-29 - PW - Graffiti Abatement 0 0 0 0 0 #DIV/0!Total - CAER Fund 0 0 10,261 715,932 217,670 30.4%

Building & Infrastructure Maintenance524-401-61 - P&RAdmin 0 0 26,217 0 18,398 #DIV/0!524-415-61 - P&R Aquatics 0 0 0 15,000 15,720 104.8%

524-461-61 - P&R Custodial 0 0 0 30,000 0 0.0%524-710-12 - PW - General Maintenance 0 0 40,059 340,800 34,081 10.0%524-790-13 - Capital Improvements 0 0 396 0 0 #DIV/0!

Total - BIM Fund 0 0 66,671 385,800 68,199 17.7%

Successor Agency Debt Service611-660-43 2,099,554 1,429,153 1,511,048 4,944,531 (409,803)

Total - SA Debt Service Fund 2,099,554 1,429,153 1,511,048 4,944,531 (409,803) -8.3%

Ardine Assessment621-714-25 0 0 0 0 0

Total - Ardine Assessment Fund 0 0 0 0 0 #DIV/0!

Total - Other Funds 67,959,779 66,902,168 66,624,499 148,836,761 32,465,979 21.8%

Total - All Funds (General & Other) 113,057,384 112,555,098 125,041,705 205,246,409 63,360,775 30.9%

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WARRANT REGISTER COUNCIL MEETING 03/26/2019

TOTALSFISCAL YEAR 20 18/2019

TOTAL AP PART I 938,639.08

TOTAL PAYROLL PART II a - 0310712019 56,782.47

TOTAL PAYROLL PART II b - 03I07I2019 833,874.63

TOTAL PREPAID PART III - 0311 212019 304,986.00

TOTAL 2,134,282.18

VOIDS $0.00

LESS: EMPLOYEE PAYROLL DEDUCTIONS ($345,198.98)

TOTAL 1,789,083.20

SOUTH GATE CITY COUNCILWARRANT APPROVAL AND CANCELLATION

Warrant Number 81880 to Number 82160 Inclusive, Totaling $ 1,789,083.20 aslisted on the accompanying Accounts Payable Warrant Register of March 26, 2019and approved as presented, with the exception of the following warrants:

“N/A”

GRAND TOTAL OFVOIDED CHECKS $ 0.00

CITY AUDITOR CITY MANAGER

DIREctTJ)R OF ADMINISTRATIVE SERVICES

Pursuant to action of the City Council on March 26, 2019 at a regular or adjourned meeting, the City Treasurerwas ordered to pay andlor cancel the above demands, as approved.

SOUTH GATE CITY COUNCIL REGULAR MEETING AGENDA ...

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